Scottish Court of Session Decisions

Subject_1 DILIGENCE.
Subject_2 SECT. III.

Diligence Prestable by Annualrents.

Lady Muswall, Elder,
v.
Lady Muswall, Younger

Date: 15 February 1662
Case No. No 18.

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In a contention betwixt the Ladies Muswall, elder and younger, upon two annualrents out of one barony,

The Lords ordained the first annualrenter to do diligence within twenty days after each term; that, after that time, the second annualrenter might do diligence; or otherwise, at her option, ordained the lands to be divided conform to the rents, proportionably as the two annualrents. The second annualrent and the first to take her choice.

Fol. Dic. v. 1. p. 238. Stair, v. 1. p. 101. *** Gilmour reports the same case:

In the double poinding pursued by the tenants of Musewel, against the old lady and young lady thereof, both of them being infeft in annualrents furth of the lands; and the tenants and young lady complaining, that they were oppressed by several poindings; and the young lady, when she came to poind, she was always debarred by the old lady;

The Lords found, That unless the old lady should poind within twenty days after each term of payment of the tenants' duty, the young lady should poind without any impediment from the old lady.

Gilmour, No 34. p. 25.