Scottish Court of Session Decisions

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

Campbel and Ore
v.
Salmond

Date: 5 March 1630

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Umquhile John Ore being infeft in an annual-rent out of an house in Edinburgh, redeemable, and thereafter he resigning in his daughter's favours, who was infeft with reservation of her father's liferent, the father, thereafter, tochers that daughter with a greater sum than that sum whereon the annual-rent was redeemable; and divers years thereafter, upon payment made by the granter of the right of the annual-rent to the father, he grants the right of the annual-rent lawfully redeemed by the heritor: after the decease of her father, the daughter and her husband pursuing to poind the ground for that annual-rent, by virtue of the said sasine passed upon the father's resignation, and the defender opponing the father's renunciation and the father's giving of a greater sum to the daughter in tocher with her husband, who pursued;—the Lords repelled the allegeance, and sustained the pursuit; for the father being denuded of the heritable right of the annual-rent, with reservation only of his own liferent, it was found that he could not prejudge the heritor thereby: albeit the right made to his daughter was under reversion to himself of 40 shillings, the same not being redeemed by him: and albeit upon his death-bed he willed that right made to his daughter to be cancelled, which was not respected, not being habilis modus, and the contract of marriage, bearing the tocher-good, had neither relation to this annual-rent nor to any provision made by her father, but had relation to her portion fallen by her mother, which she discharged.

Gibson, Clerk.

Page 501.