Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. Collected By JAMES BURNETT, LORD MONBODDO.

Young
v.
Young

Date: 13 November 1761

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John Young settled his estate upon himself and wife in liferent, and upon his son, James, in fee; whom failing, Margaret Young, with other substitutions not necessary to be mentioned; and he prohibited James Young, and his other heirs of entail, to contract debt, sell, or dispone, with a clause irritating the deed of contravention, but not the right of the contravener. James Young having sold the estate, the Lords found, that the purchaser's right could not be affected by this entail; but, in an action at the instance of Margaret Young, the substitute, they found that James Young was obliged to re-employ the price and take the security in terms of the entail, because he had contravened the prohibition not to sell, and, therefore, was liable for reparation of damage to the substitute, in whose favour the prohibition was conceived. But, if the prohibition had been only to alter the order of succession, the Lords were all of opinion that selling was no contravention of that prohibition, the only effect of which was to hinder an alteration of the destination of succession.