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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Elizabeth and Isobell Campbells v Gabriel Campbell. [1770] Hailes 371 (28 November 1770)
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Cite as: [1770] Hailes 371
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[1770] Hailes 371
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 SUCCESSION.
Subject_3 The Heirs of the Disponee, though he predeceased the Disponer, preferred in the succession to the Disponer's other nearest Heir.
Date: Elizabeth and Isobell Campbells
v.
Gabriel Campbell
28 November 1770 Click here to view a pdf copy of this documet : PDF Copy
[Faculty Collection, V. 147; Dictionary, 14,949.]
Alemore. A disposition to a man and his heirs will not be evacuated by the predecease of the man.
Kaimes. We must suppose that the disponee has a right, but still defeasible during the disponer's life.
Pitfour. A deed is no less a deed inter vivos because I keep it in my pocket. The right is vested in one ignorans et non sciens.
President. We would shake the security of many land rights, were we to alter the judgment of the Ordinary.
Hailes. This is a foolish, vain deed; but there is no law prohibiting foolish, vain deeds.
On the 28th November 1770, the Lords “preferred the heir-male;” adhering to Lord Monboddo's interlocutor.
Act. A. Elphinstone. Alt. D. Rae.
The electronic version of the text was provided by the Scottish Council of Law Reporting