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Scottish Court of Session Decisions >>
Sir James Stanfield v Wilson of Spango, and the Earl of Queensberry. [1680] Mor 8244 (16 July 1680)
URL: http://www.bailii.org/scot/cases/ScotCS/1680/Mor2008244-008.html Cite as:
[1680] Mor 8244
What is comprehended under a liferent right of lands.
Sir James Stanfield v. Wilson of Spango, and the Earl of Queensberry
Date: 16 July 1680 Case No. No 8.
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Wherever references are made to the Lords from other courts, they use summarily to call them in presence without order of the roll. The Lords found the Countess Dowager of Carnwath, being infeft cum silvis in liferent, that it gave her interest to interrupt the heritor and his tacksman from cutting in ipso initio, till a portion should be set apart for her liferent use, and ordained a speedy cognition of the wood to be taken, and a part to be laid aside for the liferentrix's use, for repairing the houses, &c.; the report to be made within eight days, that Sir James's lead-works might not be out for want of timber. Yet Craig, page 189, thinks a liferenter cannot hinder an heritor to sell and dispose of his wood and coals, and cites decisions for it. See Appendix.
