Subject_1 IMPLIED DISCHARGE and RENUNCIATION. Subject_2 SECT. XII.
Charter of Resignation. Right of Reversion in the Superior's Person not hurt by Confirmation; nor does it bar Reduction ex capite Inhibitionis.
The Lord Forbes v. Garrioch
Date: 28 November 1673 Case No. No 75.
A charter of confirmation, granted to a new vassal, does not prevent the superior as creditor to the former vassal, to reduce the disposition, in favour of the new vassal, es capite inhibitionis.
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In a reduction of a right made to Garrioch of the lands of Arballoch, upon an inhibition at the late Lord Forbes his instance, against Garrioch's author, it was alleged, That this Lord Forbes could not reduce ex capite inhibitionis, he having confirmed the right of wadset, now craved to be reduced, and entered Garrioch his vassal in the said lands. It was replied, That the confirmation by the superior, being only a thing in common course, did not prejudge him as a lawful creditor, of any real diligence, by inhibitions against his vassal's author, as was found in the case of Lord Torphichen against Mason's Creditors, 11th July 1673, voce Reduction. The Lords did sustain the reduction, notwithstanding of the answer; and found, that a charter, upon resignation or confirmation, granted to a new vassal, did not prejudge him as a creditor to his last vassal, to reduce upon inhibition, or to make use of any real right or diligence he had used against him; but that the same might affect the right confirmed; but, if the charter of confirmation or resignation had been a de novo damus, it might have altered the decision.
Fol. Dic. v. 1. p. 438. Gosford, MS. No 638. p. 370.
