Click here to view a pdf copy of this documet : PDF Copy
Patrick Yeaman of Dryburgh having adjudged his debtor's ward-lands, and being infeft and dying within the legal, and his son's marriage being gifted and paid, the son pursued a declarator to have it found, that the avail of his marriage being debitum fundi, should be refunded before the adjudication could be redeemed.
Many of the Lords were of opinion, that the pursuer's claim was not relevant, seeing he was put to pay the avail of his marriage through no deed of the debtor, but ex accidenti, by his father's leaving a son unmarried at his death. And, by the like consequence, a disponer of ward-lands base would be liable in warrandice upon their warding to the superior; which were absurd, seeing these casualties happen by the nature and reddendo of the ward-holding, and not by any deed or fault of the debtor; though it might be otherwise in recognition incurred through the disponer's or debtor's fault.
The Lords decerned in absence, the defender not compearing.
