Scottish Court of Session Decisions

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

The College of St Andrew's
v.
Ramsays and their Husbands

1685. March.

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One Ramsay having alienated his estate, by way of mortification, to the College of St Andrew's, who pursued his heirs to denude themselves of it;—Alleged for the defender, That the deed was never delivered, nor contained a clause dispensing with the not delivery, nor yet reserved a power to alter and innovate; but was found lying by the defunct, at least in the hands of a schoolmaster, to whom he had given it to write two other duplicates; and, by a provision in the mortification, the defunct and his heirs were to retain one double, and the other doubles were not subscribed. Answered for the pursuer, 1. It was rational for the mortifier, who had reserved his own life-rent, to retain the deed, especially he being patron of the mortification; 2. Ramsay wrote a letter to the College, declaring, per verba de presenti, that he had mortified the lands to the College, for educating some bursars; and, upon that insinuation, recommended a bursar to the College; which latter is equivalent to delivery; and the recommending of the bursar is an exercise of his right as patron of the mortification; and mortifications are favourable. The Lords, before answer to the debate, recommended to some of their number to settle the parties.

Page 28, No. 136.