Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.

the Creditors of the Estate of Frendraught
v.
the Viscount and Bogny

1682. February.

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The Viscount of Frendraught, in order to acquire from one Gregory an expired apprising of his predecessor's estate, and yet to evade the Act of Parliament about purchases made by apparent heirs, provided, in his contract of marriage with the Lady Rutherfoord, who had 20,000 merks of tocher heritably secured, that he should give her a jointure; and, by a separate writ, of the same date, renounced the tocher, and declared, that it should be employed on security for her and her children. The Lady and her friends, after the marriage, acquired Gregory's apprising in favours of a blank person, in which, after it had lain some months blank in the Viscount's custody, the name of Bogny, the Viscount's chamberlain, was filled up: who, by his back-bond, provided the lands to the Viscount and his lady in liferent, and to the bairns in the marriage in fee; which failing, to the Viscount's heirs and assignees. In a process against the present Viscount, (his father being dead,) for redeeming the apprising from him, upon payment of the sums truly paid for it;—the Lords found the conveyance fell under the Act of Parliament. Vide No. 341, [Marjoribanks' Creditors against Marjoribanks, February 1682.]

Page 25, No. 129.