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Scottish Court of Session Decisions >>
Baillie v Cuthbert. [1684] Mor 15900 (14 February 1684)
URL: http://www.bailii.org/scot/cases/ScotCS/1684/Mor3615900-035.html Cite as:
[1684] Mor 15900
Where a jointure is payable in victual though not secured on land, the case is the same as to terms due, as if the relict had been infeft.
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The case between Baillie and Cuthbert being reported by Forret, the Lords found, in regard the liferentrix outlived Martinmas, and died not till the 4th of December, that therefore the half year's rent preceding Martinmas was her's, and belonged to her executors; though the bond for payment of the victual to her was but a personal bond, not relative to any lands, and made the life-rent payable, the one half at Lambmas, and the other at Candlemas ; and that she died long before Candlemas, her term; for the Lords found, though these were the conventional terms, prolonged for the ease of the party debtor, yet they una voce found she needed not live to the conventional term of Candlemas, to give her right to that term; but that it was enough she out-lived the legal term of Martinmas, at which time the corns are all stacked, and the farm is due by tenants; though Yule and Candlemas are indulged them to pay it in; and at Martinmas cessit dies obligationis. so that it becomes due, licet nondum venit, so as to be exacted.
