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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Lady Baiklie v Crawfurd. [1610] Mor 9224 (7 February 1610)
URL: http://www.bailii.org/scot/cases/ScotCS/1610/Mor2209224-078.html
Cite as: [1610] Mor 9224

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[1610] Mor 9224      

Subject_1 MUTUAL CONTRACT.
Subject_2 SECT. VIII.

Incumbrances affecting the Subject, transacted by the Disponee, cannot be extended against the Disponer, bound in Warrandice, further than to pay the transacted Sum.

Lady Baiklie
v.
Crawfurd

Date: 7 February 1610
Case No. No 78.

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A liferenter, whose liferent is evicted, pursued her author's heirs for warrandice of her liferent.—— The Lords found an exception against the general warrandice, that it ought only to be restricted to one hundred merks a-year; because she had transacted and obtained right to bruik during her lifetime, for payment of an hundred merks yearly.

Fol. Dic. v. 1. p. 600. Haddington, MS. No 1792.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1610/Mor2209224-078.html