Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Lumsden of Auchinleck v. Lieth of Harthill
Date: 24 July 1694
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Lumsden of Auchinleck against Lieth of Harthill, who had obliged himself to pay 2500 merks of tocher with his daughter; but 1000 merks of it was suspended till he should attain possession of his lands of Harthill. And now, it being contended, that he behoved to be liable, because he had denuded himself of the right he had in favours of his eldest son, and so had put it out of his power to purify the condition:
The Lords found this was a conditional obligation, not yet purified; in regard both he and his son had depending processes for the recovery of the estate, and it did not appear he was in mora; and it was not presumable, that, for eviting this 1000 merks, he would be negligent in pursuing: yet they limited him to a year to perfect his diligence, otherwise to be liable; seeing, it being conditio potestativa, at least mixta, he might delay for ever.
