Legal Subject: Liferent

Case Date Legal Subject Abstract
Haldane v. Duncan 1802 Deed, Liferent, Property rights After the death of Mr. George Haldane, his widow, Margaret Haldane, claimed that she had the life-rent right over the lands of Gleneagles, Haldane, and Aberuthven. Margaret said that her husband had left her such property rights which he had inherited from his uncle, Robert Haldane. The defendant, Viscount Duncan, objected the petition arguing that the transfer to Margaret was irregular and contrary to the conditions to settle the succession to real property.
Lunn v. Creditors of Lunn 1803 Bankruptcy, Debt, Liferent In May 1799, Walter Lunn, the Pursuer, was rendered bankrupt and subsequently sued for cessio bonorum. The Pursuer claimed that his insolvency was the result of innocent misfortune, while the Defender, his creditors, claimed that the Pursuer had engaged in fraud, thus disqualifying him from cessio bonorum. John Nixon, as Defender court-appointed trustee of Lunn's sequestered estate, opposed Lunn's claim to cessio bonorum after Nixon's review of Lunn's finances returned a much larger debt than Lunn had originally claimed. Nixon challenged the profits that Lunn claimed from a subject in Edinburgh liferented by his wife. Nixon argued that these rents were far less conseqential than Lunn claimed and that a competing claim on these rents by the family of Mrs. Lunn currently before the court would cause long delays in Walter Lunn's creditors receiving any of this money. Nixon also claimed that Lunn overstated the travel expenses he incurred while working as a traveling packman through the country of Roxburgshire.
Park v. Glen 1778 Deathbed, Bonds, Liferent Elizabeth Park owned some bonds from the sale of her late brother's lands. She later conveyed these bonds to her cousin, Robert Park. Robert Park had a sister, Margaret, but disliked Margaret's husband. Shortly before his death, Robert Park conveyed the aforementioned bonds to his cousin, William Glen. Because Robert Park died less than a month after this disposition, Margaret Park challenged it upon the head of deathbed. Glen argued before Lord Braxfield that the subjects in question constituted a personal right and could not be challenged on the head of deathbed. The pursuer, Margaret Park, argued that as their price was made a burden upon land, they could not be alienated upon deathbed. Lord Braxfield found that one of the bonds in question, granted by Adam Walker for the lands of Wooden, constituted a heritable right. He refused further representation from Glen, who then petitioned the Court for review.