Scottish Court of Session Decisions

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

Campbell of Ormsay
v.
Campbell of Glencaradel

Date: 28 July 1669

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Sir Archibald Campbell of Glencaradel, in anno 1614, having disponed his lands and estate in favours of his grand-child; with an express condition, that, so soon as he should attain to the possession of the lands, he should assign to his brethren a bond of 4000 merks due by the Earl of Argile; his said brethren did pursue for delivery of the bond, and an assignation thereto. The defenders did make offer of an assignation; but alleged, That they were not obliged to produce the bond, which was never their evident, but retained by the goodsire, who had power to dispose thereof during lifetime.

The Lords, notwithstanding, found, That they were obliged to produce the bond; unless the defenders would offer to prove that there was such a provision, and that, conform thereto, the goodsire had uplifted and discharged the sums therein; seeing the said 4000 merks were granted as a provision from the goodsire; and the estate being disponed to the eldest brother, with a condition to assign that bond, behoved to be interpreted cum effectu; and, without delivery of the bond, the assignation could signify nothing.

Page 79.