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The Earl of Seafield v Ogilvies. [1709] Mor 13316 (9 July 1709)
URL: http://www.bailii.org/scot/cases/ScotCS/1709/Mor3113316-006.html Cite as:
[1709] Mor 13316
The Rental how made up. - Liferents how computed. - Proof of the Value how taken.
The Earl of Seafield v. Ogilvies
Date: 9 July 1709 Case No. No 6.
Liferents how computed.
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The Earl of Seafield being donatar to the single and liferent escheat of Ogilvies elder and younger of Boyne, and pursuing for a sale of the estate, he craved in the terms of the acts of Parliament, establishing these sales, that the Lords would put a price on both their liferents, which the Lords fixed, the father's at four years purchase, being aged 70, and the sons at six, being about 40; but one doubt occurred, that he having come along with the French invasion from Dunkirk in March 1708, was outlawed, denounced fugitive, a price put upon his head, and so in law was civiliter mortuus. But there being no compearance nor opposition, the Lords proceeded to value it at the rate aforesaid.
Fol. Dic. v. 2. p. 310. Fountainhall, v. 2. p. 513.
