Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.

Alexander King, Advocate,
v.
Sir William Ballandean

Date: 13 March 1628

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In a contract betwixt Livingstoun Lady Burghtoune, for herself, and as tutrix to Sir James Ballandean, her son, the said Sir James, with her consent, on the one part, and Master Alexander King, Advocate, on the other part;—the said lady obliges herself, during her lifetime, and, after her decease, the said Sir James and his heirs, oblige them, to pay an annualrent; and, in the clause of requisition, she obliged her, and the said Sir James and his heirs, in case they be required, to redeem the said annualrent, by payment of the principal sum and byruns. The said Sir James deceases. His son, Sir William, being pursued as heir to his father, after lawful requisition, to pay the principal sum and byruns; alleged, that his father and his heirs were obliged to no more but for the half, in respect that he and his mother were both bound, and not conjunctly and severally. The Lords found him bound for the haill after his mother's decease, in respect his mother did only oblige herself during her lifetime; and Sir James was bound, he and his heirs.

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