Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Thomas Ogilvie of Cordauch v. James Ogilvie of Newton of Bellerty and Alexander Ogilvie of Pool
Date: 6 February 1694
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This was a reduction of a disposition, on this ground, That it was only conditional, by one brother to another, without adequate onerous causes, and only to take effect if the disponer should die without children; and so the conception of the clause was alleged to be suspensive; that the dominion and property was not conveyed till it appeared that the condition did not exist; and being only of the nature of a tailyie, and destination of a substitution, it did not so divest the disponer but he might contract debt, and thereafter do other rational deeds to affect these lands. But the Lords, having read and considered the disposition, they found it conceived in resolutive terms, viz. that if the disponer should have children of his own body, then the disposition should be void and null; and found any debt he contracted afterwards could not affect that land; and therefore reduced the adjudications led thereon for the same: though sundry thought it was not the disponer's meaning so to incapacitate himself, but only the ignorance of the writer, who strained it in that manner, not knowing the difference betwixt the two clauses.
