Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 PRESCRIPTION-TAILYIE.
Subject_3 Import of a Clause in a Tailyie-Proscription of an Entail.

Peter Leslie Grant of Balquhaine
v.
James Gordon of Cobairdy

Date: 25 January 1769

Click here to view a pdf copy of this documet : PDF Copy

[Faculty Collection, IV. p. 158; Dictionary, 15,422.]

Monboddo. The father, by his reserved powers, might have insisted against the son to resign the lands and take them in terms of the entail; but he did not do this. The marriage-contract, 1706, rendered the lands unentailed. The interlocutor might have stood upon that ground: it may also stand upon the ground of prescription. My father makes an entail,—I make up my titles upon the former investitures, and possess for forty years,—there is an end of the entail.

Pitfour. I do not think that here there ever was an entail: if there was, it is now prescribed. A substitution to heirs of entail, without more, signifies nothing, and binds nobody. Whatever the intentions of Patrick may have been, it matters not, for intentions will not fetter property.

On the 25th January, 1769, the Lords assoilyied, sustaining the defences in general.

Act. D. Græme. Alt. R. M'Queen. Reporter, Auchinleck.