Scottish Court of Session Decisions

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

Wait
v.
Campbell of Kilpount

Date: 24 June 1670

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In a pursuit at Wait's instance, against the said Mr Archibald, as representing his father, who was cautioner for the Laird of Lawers for £1000, upon this passive title;—That, after the contracting of the debt, his father, by contract of marriage with Thomas Moodie's daughter, did become obliged to pay to the said Thomas, for his son's behoof, the sum of £40,000, for which the said Thomas was obliged to pay £20,000 in name of tocher; of both which sums the father and the son did grant receipt and discharge to the said Thomas Moodie, but did not bear which of them received the money:

The Lords did not sustain that he was successor titulo lucrativo, as for the 20,000 merks paid in tocher; neither that that sum was liable to the father's creditors: But as to the £40,000, they found him liable; and that it might be affected by his father's prior creditors.

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