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Scottish Court of Session Decisions >>
The Lady Milntown v Lamington. [1666] Mor 3542 (22 June 1666)
URL: http://www.bailii.org/scot/cases/ScotCS/1666/Mor0903542-074.html Cite as:
[1666] Mor 3542
Nimious Diligence. - Diligence of Liferenters. - Diligence of Indorsees.
The Lady Milntown v. Lamington
Date: 22 June 1666 Case No. No 74.
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In a pursuit at the instance of Lady Milntown, and her husband for his interest, which Lady was formerly married to young Lamingtoun, for making up the deficiency of her conjunct fee lands ever since her entry thereto, the Lords found that the Lady having possessed the conjunct fee lands divers years after her husband's decease, without making any legal intimation to old Lamingtoun of the deficiency or inlake of the rent, the samen ought to assoilzie the defender from all by-runs preceding the date of the out-giving of the special charge; and found, that Lamingtoun behoved to prove the conjunct fee lands to have been so much worth as the samen were given up for, the time of the marriage; and found it sufficient for the defender Lamingtoun, in time coming, to offer sufficient tenants for taking of the land at the said rental, and for whom he should be cautioner, which was sufficient to assoilzie the defender in time coming, as was found in a former practique.
