Scottish Court of Session Decisions

Subject_1 LIFERENTER.
Subject_2 SECT. IV.

What incumbent on the liferenter and fiar as to repairs of the subjects. - Liferent of Furniture. - Bnuos on bank stock.

Cuningham
v.
Cuningham

Date: 18 December 1733
Case No. No 37.

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In a process against the representatives of a liferentrix, founded upon the statute and common law, she having suffered the mansion-house, during her possession, to go into disrepair, the question occurred, if it was necessary for the pursuer, in order to estimate the damages, to bring a distinct proof, by two witnesses, of the condition of the houses at the Lady's entry, which was now become impracticable by the lapse of time; or if it was sufficient to bring a proof, as far back as the memory of man could go, which must presume retro, unless the defender would prove reparations ab ante bestowed by the liferenter. The Lords found, that the pursuer must prove the condition of the mansion-house, both at the time of the entry of the liferentrix, and the time of her death. See Appendix.

Fol. Dic. v. 1. p. 550.