Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JAMES FERGUSON OF KILKERRAN.

Jackson and Others
v.
Halliday and Others

Date: 18 July 1758

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This case is reported in Fac. Coll. (Mor. 2769.) The following is Lord Kilkerran's note:—

“Nov. 16, 1757.—On the first and general point, whether the subject was adjudgable or arrestable, the Lords altered their former interlocutor, and preferred the adjudgers.

And by the President's casting vote that the arrestment in the hands of Duke and Brown was the only proper arrestment: this was on the supposal that the subject was arrestable.

On the first and general point, the President stated it in this light, that the reversion which was on Cairoch, was not only a power to redeem the lands, but also to call for an account of the price, and that this reversion importing both points was only adjudgable, and so his opinion would have been, albeit there had been no such adjudication as that led by Grierson; and that that adjudication affords a separate consideration, viz. that the whole reversion was established in Grierson.”