Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.

L Rattray
v.
David Wedderburn

Date: 31 March 1624

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In a suspension, raised by Rattray against Mr David Wedderburn, as assignee constituted to the liferent of an annual-rent and profit of a sum of a thousand merks, pertaining to Lord Drumloquhy his cedent,—the Lords found a liferent-right was not cessable by a cedent being at the horn the time of the making of the assignation, in prejudice of the creditor at whose instance he was at the horn: albeit the assignee alleged, that the Act of Parliament prohibiting such assignations to be made by rebels extended only to assignations of goods and gear, which were merely moveables; and comprehended not liferents, which he alleged might be assigned by a rebel, the same being given to a creditor for a just cause. Which allegeance was repelled; for the Lords found that such liferents could not be assigned in prejudice of the creditor; and this liferent was only constituted by a bond, whereby the profit of the sum was ordained to be paid to the father, daring his lifetime; but this, in heritable rights, holds not.

Act. Russel. Alt. Nairn.

Vid. 21st March 1623, Cunningham against E. Glencairn; 10th February 1624, Sir John Ker; 27th January 1630, Ross against Hume.

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