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Scottish Court of Session Decisions >>
Jane Blackburn and James Wood, v Walter Burnside of Whitelaw. [1695] 4 Brn 270 (21 February 1695)
URL: http://www.bailii.org/scot/cases/ScotCS/1695/Brn040270-0607.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Jane Blackburn and James Wood, v. Walter Burnside of Whitelaw
Date: 21 February 1695
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Rankeiler reported Jane Blackburn, and James Wood, her husband, against Walter Burnside of Whitelaw. The Lords had formerly repelled this reason, that his obligation to pay her was causa data causa non secuta, the lands being evicted from him by Arthur Hamilton, advocate, and Crawford of Fergushill, his trustee; in regard he was personally liable, and that the distress arose from no fact and deed of hers: and therefore found, she had not only access to the annualrent of the £3400, for which his comprising was sustained, but also to the stock of it, for making up her 600 merks yearly. But now the Lords altered that interlocutor, and thought it more equal, (it not being an infeftment of annualrent, but a liferent,) that she should have no farther right, but allenarly to the restricted sum of £3400; and this both for bygones since the eviction, and in time coming.
