Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN BAIRD OF NEWBYTH.

William Oliphant
v.
James Clerk of Pittencreif

Date: 13 July 1666

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In a suspension raised at William Oliphant's instance, against James Clerk of Pittencreif, of a minute of contract, whereby the said Oliphant was obliged to cause John Oliphant of Carpon, with consent of the curators, dispone to the said James Clerk some acres about Dumfermline, and to infeft him therein, betwixt and a certain day; and that under a penalty of 500 merks:—

It being questioned whether or not this obligement was to be fulfilled in terminis, viz. by the said William Oliphant his causing John Oliphant serve himself heir to his father; and being infeft as heir to him, to dispone to the said James Clerk; or if it might be fulfilled per equipollens, viz. by the said John Oliphant his assigning the right of the said action, which stood in his father's person, by a simple disposition, without any infeftment; whereby the said James Clerk might obtain an adjudication of the said right of the acres:—

The Lords found that the minute might be fulfilled per equipollens; and assigned a new day for that effect; reserving to themselves the consideration of the failyie.

Page 74.