Scottish Court of Session Decisions

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

The Laird of Blackbarony
v.
John Borrowman

Date: 20 July 1670

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In a reduction of the disposition of the lands of Nether Stewartoun, made to Borrowman, by Burnet of Carlops, whose author was Burnet of Cringlety, at the instance of the Laird of Blackbarony, who had right to an inhibition from Dennistoun, a creditor of Cringlety; whereupon he craved the foresaid right to be reduced ex capite inhibitionis:

It was answered for the defender, That his disposition was in obedience of a decreet arbitral, following upon a submission prior to the inhibition; at least to the publication thereof at the market cross.

It was replied, That the submission being voluntary, and the inhibition executed personally against Cringlety, prior thereto; and being executed publicly before the decreet-arbitral, which was the cause of the disposition, it was a just ground whereupon to reduce the right.

The Lords did ordain the defender to instruct the cause of the submission betwixt Cringlety and Carlops, that they might know if it depended upon any real right of trust, whereby Cringlety was obliged to denude himself of the right of these lands in favours of Carlops; quo casu they declared that they would assoilyie from the reason of reduction: But if the submission was not in contemplation of any such right, but was merely personal and arbitrary, they would sustain this pursuit.

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