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Scottish Court of Session Decisions >>
Christian Scot and Oliphant v Cockburns and Hary Sinclair. [1683] 3 Brn 457 (22 February 1683)
URL: http://www.bailii.org/scot/cases/ScotCS/1683/Brn030457-0686.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 22 February 1683
Christian Scot and Oliphant v. Cockburns and Hary Sinclair
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Christian Scot, and Oliphant her husband, against Cockburns, and Hary Sinclair, writer, reported by Boyn. The Lords adhered to their decreet, though most unwarrantably extracted; but restricted it to the fee of the sum liferented, and declared the defenders should not be personally liable; and allowed them instantly to prove that the whole 10,400 merks was not solely for the price of the jointure, but also for other things.
Then a bill being given in, the Lords, on the 2d March 1683, found that the fee of the 10,400 merks must be affected with the inlacks of the annualrents, due to Christian, of the said 10,400 merks, and also of the 6000 merks, to which they found she had right: and refused to free the petitioners from being personally liable, conform to the former interlocutor; and that in respect of their compearing and defending without renouncing to be heir; except, betwixt and that day eight days, they so secure the pursuer in that sum of 10,400 merks, at the sight of the Lord Boyn, as that the current annualrents may be recovered, and that the fee may be affected with the inlacks; in which case, they assoilyie the petitioners defenders from being personally liable.
