Scottish Court of Session Decisions

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

William Gray
v.
William Burgh

Date: 8 July 1625

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An action of registration was pursued, at the instance of William Gray against William Burgh, who was convened to hear an obligation registrat, which was made by his umquhile father, and was desired to have execution against him, as successor to his father, in the lands of Davidson, whereto he was provided by contract of marriage, after the making of the bond craved to be registrat eo nomine against him;—in the which action the Lords found, that, albeit the defender was only convened as successor to his father in the said particular lands, wherein he was infeft by virtue of a contract of marriage, and so for a cause onerous, he being minor the time of the granting of the said infeftment to him, and being but presently of the age of 21 years, and so intra annos utiles; and that he being personally present, renounced all benefit, which he could have by that infeftment, and was content that the said lands should be comprised, by the creditors, from him, he never receiving any other benefit from his father. Yet the Lords found that he remained subject to pay all his father's debts: for the which the creditors might both use personal execution against him, as universal successor to his father, he being successor in the particular lands foresaid; as also execution against him in any other lands or moveables which he had acquired, or should acquire, aliunde than from his father; and found, that his renouncing of any benefit which he could have by his father, could not liberate him, seeing he being once infeft post contractum debitum, in the special lands foresaids pertaining to his father, to whom he was alioqui successurus, made him liable to the whole creditors. But the Lords reserved to him his action of reduction upon his minority and his lesion, as accords of the law.

Act. Nicolson. Act. Aiton. Gibson, Clerk.

Vid. 23d February 1637, L. Kinaber, and the cases there cited.

Page 176.