Scottish Court of Session Decisions

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

George Shaw of Sauchie
v.
The Laird of Clackmannan

Date: 20 February 1672

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George Shaw, apparent heir of Sauchie, having pursued the Laird of Clackmannan for an annualrent of 3000 merks yearly, since the date of a missive letter, written by Clackmannan in anno ——; as likewise for granting him a reversion of his land estate, worth 40 chalders of victual, and of his coal rent, worth £10,000 yearly, upon this ground,—That Clackmannan, and other friends, in the foresaid missive letter, had declared that they were willing to infeft the pursuer and his wife in the said annuity, and that his estate was worth so much of yearly rent;—it was alleged for the defender, That the letter was not obligatory, because it was only written, at the pursuer's desire, to Mr Mungo Murray, minister in England, of purpose to induce him to give a good portion with his only daughter, whom the pursuer had married; and the letter was qualified with a provision, in case he should give a suitable meeting, considering his interest in the parties. But so it is, That he was so far from giving any meeting, that he did disinherit his daughter, and disponed all his estate, which before he had provided to her, in favours of Auchtertyre.

It was replied, That the said missive letter, as to any provision of his wife, being qualified, as said is, albeit it was not obligatory in her favours, yet, as to the pursuer's interest, which was distinct,—viz. that he might have an annuity of 3000 merks until count and reckoning was made; as likewise a reversion, bearing, that the defender being satisfied of his debts and engagements, if his intromission with an estate of the foresaid value did not amount thereto; and that being satisfied, he should dispone an estate worth 40 chalders of victual, and £10,000 of yearly rent,—the letter was obligatory.

The Lords did find, That, the letter being written by the pursuer's friends, not to himself, but to his father-in-law, to induce him to do a favour to the pursuer, and that upon a special provision, which never took effect, it was not at all obligatory as to any thing therein contained against Clackmannan; but reserved to the pursuer to call Clackmannan to account for his intromission, according to the true rent of the estate, that, being satisfied of his engagements, he might dispone the same.

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