New Spalding Club > Records of Invercauld MDXLVII - MDCCCXXVIII [1547- 1828]

88 RECORDS OF INVERCAULD.
to the former assignationes granted by the Creditors to Invercald and
bear ane exceptione therof (out ?) of the warrand. But there is no
necessity for Invercald to obtain resignation ad remanentiam from those
who have adjudged, Because Invercald's charter being expeed upon
those adjudicationes, the adjudicatione comes to be the most absolute
and sovereigne right and absolutely absorbes the base infeftment
" The old Lady Boyndlie being infeft in ane yearly liferent out of a
parte of the lands, her renunciatione of her sd. liferent with consent of
her husband, being judiciallie ratified by her extra gratiam mariti, will
be sufficient to hberat Invercald's lands albeit the same should not be
obtained till after Invercald's publict infeftment be expeed, and that she
be not subscryber of Invercald's dispositione from Boyndlie.
" I have not seen the bond granted by Samuell Forbes of Foverane
to Boyndlie for the 10,000 lbs., but if the said bond (as it is informed) be
burdened expressly with the payment of 700 mks. yearly to the Lady
Boyndlie in satisfactione of her liferent, Invercald may upon that bond
force Foverane to prove ane yearly discharge from the Lady Boyndlie
of the sd. 700 mks. to which she hath restricted her liferent, or other
wayes to pay the sd. 700 mks. to Invercald himselfe that he may dis-
burden his lands of the said liferent."
Another document, headed : —
" Precept — Alexr. Simpson agt. Mr. Robert Irvine,"
presents a phase of life of even a less agreeable character.
It sets forth that :—
" John Earle of Erroll, lord Hay and Slaines, Constable of
Scotland, Shereff principal of Aberdeen to the mair of fee of the sd.
Shierffdome and to his deputs, ane or moe convenit, &c., greeting.
P'orsomeikle as it is humbly meaned and showen to us be Alexander
Lumsden of Cushney exer. (executor), decerned and confirmed to the
deceast Robert Lumsden at Milne of Auchtercoull that whare Mr.
Robert Irvine, Minister of the Kirk of Kinbethock (Tovvie), by the back
bond subscribed be him of the date the 25th day of October, 1690,
mentioning that forsomeikle as the sd. complainer by his letter of
assignation of the date of the sd. backbond made and constitute the sd.
Robert Irvine, his aires, &c., his Sessioners and Assignes, In order that
the soume of 300 merks Scots money resting to him as exer-forsd to
Harie Forbes of Boyndly, be virtue of his bond granted to the said unqll
Robert Lumsden of the date the 3rd day of January, 1687 yeirs ; And
In and to the soume of Ane hundredh merks of faillie mentioned in the
sd. bond ; And In and to the ordinar @ rent of the said 300 merks since
mertimes 88 years @ yearly and termlie how long the same should