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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Captain Thomas Dunbar v Captain Duncan Urquhart. [1774] Hailes 563 (23 February 1774)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 MEMBER OF PARLIAMENT.
Subject_3 On a freeholder's disponing his lands with procuratory and precept, it is sufficient to preserve his right, that, in the procuratory, and likewise in a separate obligation, the disponee is taken bound not to execute the procuratory.
Date: Captain Thomas Dunbar
v.
Captain Duncan Urquhart
23 February 1774 Click here to view a pdf copy of this documet : PDF Copy
[Fac. Coll., VI. 289; Dictionary, 8826.]
Monboddo. Though a man has sold his estate, he is still entitled to stand on the roll, if not denuded. The only remedy is the trust oath: That is, between God and his own conscience.
Kennet. The purpose of parties was that the liferent should be retained. The procuratory of resignation does not entitle Sir James Grant to be infeft. During the life of Captain Dunbar, Sir James Grant could not bona fide have taken infeftment.
Gardenston. Captain Dunbar was formerly proprietor: how is he divested? He is not, nor can he be habilely divested during his life.
Auchinleck. The bargain was fair, but the parties went to work in a bungling manner.
On the 23d February 1774, “the Lords appointed Captain Dunbar to be put on the roll.”
Act. A. Lockhart. Alt. R. M'Queen.
The electronic version of the text was provided by the Scottish Council of Law Reporting