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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Borthwick of Halheriot v Lord Borthwick. [1670] 1 Brn 618 (7 July 1670)
URL: http://www.bailii.org/scot/cases/ScotCS/1670/Brn010618-1549.html
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.
Date: Borthwick of Halheriot
v.
Lord Borthwick
7 July 1670 Click here to view a pdf copy of this documet : PDF Copy
The Lord Borthwick, having disponed the lands of Halheriot, heritably and irredeemably, to the said William Borthwick, with an obligation to assign and dispone all right of teinds which he or his predecessors had;—it was questioned, If the obligement as to the teinds, being so conceived, should be extended to bygones, seeing the said William had a tack of his teinds, for a wadset both of stock and teinds, from the Lord Borthwick and his mother, who was liferenter.
It was alleged for the Lord Borthwick, That, by the disposition, he was only obliged, per verba de futuro, to dispone the lands and teinds, and that the entry to both was to be at Whitsunday thereafter; and so did not include bygones.
It was answered for the said William, That he, having possessed both stock and teinds for several years, whereof there was no reservation as to bygones, the disposition ought to be interpreted to extend thereto, seeing it did bear all right that he or his predecessors had thereto.
The Lords, before answer, ordained the writer and witnesses, and the communers, to be examined.
Page 126.
The electronic version of the text was provided by the Scottish Council of Law Reporting