Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN NISBET OF DIRLETON.

Lady Traquair
v.
Earl of Winton

Date: 1 February 1668

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The Earl of Winton, having right by assignation, to a bond granted by the Lord Sempil, did grant a translation in favours of the Lady Traquair, and the Lady Jean, another of his daughters, bearing warrandice from his own deed; and thereafter uplifted the debt. The said ladies pursued the Earl of Winton, as representing his grand-father, for payment of the sum; because the Earl, his grand-father, had uplifted it.

The defender alleged, That the translation, being a donation of the father's in favours of his children, whereof he was master, was revokable; and that he had revoked the same, in so far as he had uplifted the said sum.

It was answered, That the said translation was out of his hands, having delivered the same to the pursuer's mother for their use; and that he was obliged to warrant the same.

The Lords thought, That the translation, being in the Lady Winton's hands, being in law eadem persona with the Earl, it was equivalent as if it had been in his own hands; and that he might destroy or revoke the same. But the parties, being of quality and of near relation, they did not decide this case; but recommended to some of their number to endeavour an accommodation.

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