Effect of the Apparent Heir's interference, and extent of his Interest in the Estate.
Gordon v. Frendraught
Date: 2 February 1682 Case No. No 22.
An apprising acquired for the behoof of the debtor's apparent heir, although by means of his mother's funds, found to fall under the act of Parliament, by which apprising acquired by apparent heirs are redeemable by creditors.
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In an action of declarator, pursued by Adam Gordon, as creditor to the deceased Viscount of Frendraught, this Viscount's grandfather, against this Viscount, the Lady his mother, and Bogney her present husband, (which Bogney stood infeft upon an expired comprising deduced at Gregory's instance upon the estate of Frendraught, and who had given a back-bond declaring that his name was in the comprising for security of what sums he had or should advance, and for the Lady's security of her jointure, and for the fee of the estate to belong to this Viscount, in implement of the contract of marriage betwixt the deceased, Viscount and the Lady), craving that the comprising in Bogney's person, might be declared liable to this Viscount's grandfather's debt, in regard the comprising was acquired by the deceased Viscount his means, and was blank in his possesion, and so was redeemable upon payment of the sums of money truly paid, conform to the act of Parliament 1661. It was alleged for the Lady and the Viscount, That the comprising was not acquired by his father's means, but by a sum which was secured by an heritable security standing in his mother's person; and that his father was only a liferenter, and that he would succeed as heir to his mother thereto. The Lords found, That this right in Bogney's person, albeit acquired by his mother's means, fell under the act of Parliament, and therefore declared the remainder of the estate liable over and above Bogney's satisfaction, the Lady's jointure, and 20 chalders of victual; which the Lords did allow to the Viscount for the foresaid heritable securities which stood in the mother's person, and was uplifted and applied for acquisition of the said comprising.
