Scottish Court of Session Decisions

Subject_1 INHIBITION.

Tudhope
v.
His Wife and Children

1743, July 19.
Case No. No. 9.

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I reported ex parte a question to the following effect;—Tudhope, by a bond of provision, became bound to lay out and bestow 4000 merks and to take the securities to himself in liferent, and to his wife to a certain extent in liferent, and to the children of the marriage in fee, and providing also certain parts of the conquest to the wife in liferent and the children to be procreate in fee,—and friends named at whose suit execution should pass;—and they raised and executed inhibition upon it. Tudhope the father having sold some land, the buyer suspends the minute on account of this inhibition,—which coming before me I found that that encumbrance behoved to be purged;—and in order to that Tudhope raised reduction of the inhibition, which was remitted to me, —and I sustained the reason of reduction in so far as concerned the clause of conquest, and repelled it as to the wife's liferent of the sum certain. But as there was no compearance for the defenders, the wife and children, I reported the question as to the children's interest by the bond of provision, and the Lords sustained the reason of reduction, for they thought the father was fiar and therefore might dispose.