Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.

- Englishmen
v.
The Lord Torphichen

Date: 19 January 1669

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The said Englishmen, being creditors to James Mason, merchant in Edinburgh, and infeft in annualrent out of his lands, holden of the Lord Torphichen, did pursue a poinding of the ground against young Mason, his son; and did likewise libel a declarator, to hear and see it found, That the right taken by the father, in the name of young Mason, should be liable to his father's debts, and they have such action against the same as if it were settled in the father's person.

In this action compearance was made for the donatar of the father's liferent escheat, and for the Lord Torphichen, who was superior, and likewise a creditor; and alleged, That, before the pursuer's infeftment was clad with possession, old Mason was year and day at the horn, and thereby his liferent escheat belonged to the superior; and that, notwithstanding he had received Mason's son to be his vassal, yet, as a lawful creditor, he had reduced the son's right.

This allegeance was repelled; for the Lords found, That the superior, having once received a vassal before the annual rebellion, he could have no right to the liferent escheat of the former vassal, who had resigned; and the reduction did not denude young Mason of the right of the fee, so as to make the liferent escheat revive, but gave only right to the superior, in quantum he was creditor, to affect the lands for his true debt.

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