Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 FIAR.
Subject_3 A Bond, taken to a Father in Liferent, and to his Son in Fee.

Mrs Ann Dickson
v.
Captain Alexander Dickson

Date: 7 December 1780

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[Faculty Collection, VIII. 10; Dict. 4269.]

Hailes. The father meant to settle the L.600 on his son; but he has expressed himself in an ineffectual manner: it is probable that he forgot that his daughter still remained a bairn of the house.

Braxfield. When a father lends out money in this way, with power to uplift, and without obligation to.re-employ, the fee in the son is merely nominal. All his purpose here was to save expense of making up titles, but his deed has transgressed his purpose.

President. I wish to find law for the heir, but I cannot. This is an exceeding hard case: the heir gets less than the younger child. But the subject was in bonis of the father, and, had he forfeited, it would have gone to the Crown.

On the 7th December 1780, “The Lords found that the L.600 makes part of the divisible fund, in accounting for the pursuer's legitim altering Lord Elliock's interlocutor.

Act. W. Wallace. Alt. A. Wight.