Sir Alexander Ogilvy of Forglen v. Sir Alexander Reid of Barra
Date: 18 July 1727 Case No. No 9.
Click here to view a pdf copy of this documet : PDF Copy
The Lords found the apparent heir of the investitures was entitled to continue his predecessor's possession, notwithstanding the defunct, by a personal deed, had made a settlement of his estate to others; for whom it was contended, Though commonly apparent heirs may continue their predecessor's possession, yet where that apparency is cut off, even by a personal deed, all the privileges of it fall to the ground: Accordingly, in similar cases, the Lords have always been in use to give possession secundum tabulas, and there is good ground in equity as well as law, quia frustra petit quod mox est restituturus; which was repelled, in respect that a disposition is no title for possession, except in consequence of infeftment, though containing procuratory and precept; and, in the present case, where there was neither procuratory nor precept, the disposition could import nothing but a mere personal obligation upon the heir of investiture, to denude in favours of the disponee, which was perfectly consistent with the apparent heir's possessing the subject, ay and while he should be obliged to make up his titles and dispone. See Appendix.
