Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.

Robert Kerr
v.
The Laird of Limpidlaw

Date: 10 February 1630

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In an action of reduction of a comprising, deduced at the instance of the Laird Limpidlaw, against Robert Kerr, there was a reason libelled thereto, that, by a contract betwixt the said Limpidlaw and———, it was agreed that none of them should dispone the apparent heirship goods that should fall to them by decease of Harine, an idiot, without the consent of the other; and, in case of failyie, the party failyier should amit his half, and the same should accresce to the other; and so it was that Limpidlaw made disposition of his half, by the others' consent, to———. To the which it was answered, That failyies, wherein parties receive no prejudice, are not sustained; and in this the other party can allege no kind of hurt nor prejudice done to him, seeing he made disposition of his own half. The Lords would not sustain the failyies, but absolved Limpidlaw from that reason of reduction, and yet ordained [him] to count with his party, if they had any thing to lay to his charge wherein he had wronged them.

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