CHISHOLMS v CHISHOLM and CURATORS (Court of Session)

Alexander Chisholm held the estate of Chisholm under an entail which permitted the heirs in possession to grant their widows liferent provisions by way of locality over the lands. In 1787, he accordingly exercised this power by granting his wife a liferent disposition by way of locality over part of his estate.

Alexander Chisholm died in February 1793. At this time the locality lands were let under leases, by which the entry to the houses and grass was declared to be at Whitsunday 1792, and to the arable land at the separation of the crop of the same year. The first term's rent was to be paid at Martinmas of that year, and thereafter at the term of Martinmas yearly during the endurance of the leases—making thus a forehand rent for each crop.

Mrs Chisholm thus drew the first year's rent for her locality lands, after her viduity, at Martinmas 1793, being for the crop 1794. In 1810, a new arrangement was made between her and the tenants, by which the rent was made payable at two terms, viz. one half at Martinmas, and one half at Whitsunday.

Mrs Chisholm died in January 1826, having made a will in favour of the pursuers, who raised an action against the defender for the half year's rent of the locality lands, which was not payable till Whitsunday 1826.

The Court unanimously refused the note, ‘in respect that it was not averred that the widow had drawn more than the rents of thirty-two and a half crops, during her viduity, at the time of her death.’