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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Haliday and Howison v Winderam and Johnston. [1687] 2 Brn 106 (00 February 1687)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
Haliday and Howison
v.
Winderam and Johnston
1687 .February .Click here to view a pdf copy of this documet : PDF Copy
A tutor having wadset a piece of land, for security of a creditor of the pupil's, and another creditor having arrested the rents of the said land;—it was alleged for the arrester, That his arrestment ought to take effect, notwithstanding of the wadset; because a tutor could not wadset more than he could sell the lands, without the authority of a judge. Answered, Tutors may wadset; 2. The pupil does not quarrel the wadset; and it is jus tertii to the arrester to quarrel the same; and, 3, The wadset is equivalent to an assignation to mails and duties. The Lords preferred the wadsetter.
Page 280, No. 991.
The electronic version of the text was provided by the Scottish Council of Law Reporting