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Scottish Court of Session Decisions >>
Menzies v Laird Glenurchy. [1663] Mor 14788 (24 June 1663)
URL: http://www.bailii.org/scot/cases/ScotCS/1663/Mor3414788-009.html Cite as:
[1663] Mor 14788
Stipendfound not to burden an heritor, where there is a life-renter living.
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The daughters of Mr. William Menzies, as executrixes to him, pursue Glenurchy for payment of a bond due to their father, he alleged minority and lesion, and that he had reduction thereupon depending. The pursuer answered, No lesion, because this bond being granted to their father, for his stipend, by the defender, who was heritor of the land, he was not lesed, because, as heritor, he was liable for the stipend. The defender answered, That his being heritor could not oblige him, because his grandfather was then living, whose life-rent was reserved in his disposition; who, and the intromitters, could only be liable, stipends not being debita fundi; and it were of very evil consequence, if the heritor were liable, during the whole life of a life-renter.
The Lords found, That there being a life-renter, the heritor was not liable, and therefore sustained the reason.
