Scottish Court of Session Decisions

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.

Click here to view a pdf copy of this documet : PDF Copy

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.