David Mackenzie left his estate to his children, while reserving a liferent for his spouse Isabel Macrae and naming her the children’s tutor. The estate included a bond granted by Roderick Macleod of Cadboll. After David died, Isabel demanded payment of the bond. Roderick, however, feared that Isabel’s limited rights to the estate would prevent her from effectively discharging the bond. To resolve this issue, it was agreed that James Cuthbert, a creditor of Isabel’s second husband, would indemnify Roderick against other claims on the bond. Isabel discharged the bond, and Cuthbert drew the proceeds in satisfaction of the debt that was owed to him. Many years later, Ann Mackenzie, the daughter of David and Isobel, raised an action against Roderick to collect on the bond. In response, Robert Bruce Aeneas Macleod (Roderick’s son and representative) argued that his father had already paid Isobel Macrae, who was the proper creditor.
Mackenzie and Husband v. MacLeod and Cuthbert
