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Scottish Court of Session Decisions >>
Captain Johnston v Cunyghame. [1667] 2 Brn 431 (10 June 1667)
URL: http://www.bailii.org/scot/cases/ScotCS/1667/Brn020431-0720.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Captain Johnston v. Cunyghame
Date: 10 June 1667
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There is a bond granted by James Cunyghame to Captain Johnston and Janet Cunyghame his wife, for the sum of ——, &c. payable to them, their heirs, executors, and assignees, bearing annualrent to the term and thereafter. After the wife's decease, Johnston charging the debtor, he suspends; at the discussing, compearance is made by Janet Cunyghame's executors, who claimed the half of the sum charged for, because, by the conception of the bond, the sum being payable to their heirs jointly, the same ought to divide; specially the sum being moveable, whereas in heritage it is otherwise, and belongs to the man, as dignior persona; for which there was adduced a practique in anno 1623, betwixt Dougall and Hendersone. The Lords found the sum wholly to belong to the man, and no part of it to the wife's executors.
Act. Cunyghame and Dinmuire.Alt. Brown.
Advocates' MS. folio 58.
