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Scottish Court of Session Decisions >>
Jean Carnegie v The Executors of her First Husband. [1668] Mor 15887 (24 July 1668)
URL: http://www.bailii.org/scot/cases/ScotCS/1668/Mor3615887-021.html Cite as:
[1668] Mor 15887
Jean Carnegie v. The Executors of her First Husband
Date: 24 July 1668 Case No. No. 21.
Rent of land in medio at the proprietor's death, how it divides betwixt heir and executors?
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Jean Carnegie being infeft in the lands of Middleton by her first husband, and thereafter married to Patrick Gray of Braco, her second husband ; there was a tack set by them of the said lands, for an yearly duty payable at Whitsunday, after the separation of the corns from the ground ; and the said Patrick dying in May 1666 before Whitsunday, and his son having taken up the duty from the tenants at the Whitsunday thereafter ; the said Jean did pursue for payment thereof, as belonging to her the life-renter, seeing her husband died before the term of payment. Notwithstanding thereof, the defender was assoilzied ; for the Lords found, That the husband having survived Whitsunday and Martinmas 1665, which were the legal terms of that year’s crop, his executors had the only right to that year’s tack-duty, and any obligement by the tack for payment at any term thereafter, did not prejudge their rights, or make the same due to the life-renter.
