Scottish Court of Session Decisions

Subject_1 HEIR-APPARENT.

Creditors of Easterfearn Competing, i e. Alexander Ross, John Davidson, and Others,
v.
Charles Robertson, &c

Date: 26 November 1751
Case No. No. 5.

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In 1692, Alexander Ross of Easterfearn acquired a proper wadset of the wester-quarter of Meikle Allan for 3000 merks, paying a considerable super-plus duty to the reverser. After his death, the wadset was, without making up any titles, possessed by William Ross, his son and heir, who acquired the reversion and whole property, and was therein infeft. He contracted great debts, and granted an infeftment on these lands, now in the person of Alexander Ross, Solicitor; and after his death, his creditors adjudged from his son, as charged to enter heir to him; but thereafter Robertson, and some other creditors, adjudged from the son, not only as charged to enter heir in special to William his father, but also to the said Alexander his grandfather, in order to make a title to the said 3000 merks wadset. On report of Lord Drummore, though we agreed that the wadset was not extinguished by William's possession, whether it was proper or improper, since he had also right to the reversion and superplus duties, yet we unanimously found, that William being infeft in the property of the lands, and also apparent-heir in the wadset, though he did not complete his title as heir; and having on the faith of his right as proprietor granted infeftments and contracted large debts; that the wadset right could not now be reared up or revived in order to defeat these debts; and therefore repelled the objection to Alexander Ross's infeftment, and the adjudication on charges to enter of William.

See Menzies against Dickson, 18th January 1742, voce Superior and Vassal.

See Notes.