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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> James Murdoch v Sir Andrew Dick. [1671] 1 Brn 637 (18 July 1671)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.
Date: James Murdoch
v.
Sir Andrew Dick
18 July 1671 Click here to view a pdf copy of this documet : PDF Copy
Sir Andrew, as tutor and administrator to his son, who was minor, having
disponed a tenement of land, whereof his son was fiar, and obliged himself to cause him ratify at majority; whereupon Murdoch, having charged Sir Andrew, he did Suspend, upon this reason,—That it was factum imprestabile; and therefore he was only liable ad damnum et interesse. It was answered, That the father taking burden for his own son, and the fact being prestabile of its own nature, he behoved to fulfil in terminis; these deeds being only accounted in law imprestable, which, ex natura rei, are become impossible.
The Lords, finding that there was here no collusion betwixt the father and the son, and that the son had intented a reduction of this disposition upon minority, did ordain the charger to give in his condescendence of damage, and decerned the suspender to grant sufficient surety in case of eviction.
Page 189.
The electronic version of the text was provided by the Scottish Council of Law Reporting