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Scottish Court of Session Decisions >>
Campbell v Campbell. [1673] Mor 5311 (9 July 1673)
URL: http://www.bailii.org/scot/cases/ScotCS/1673/Mor1305311-053.html Cite as:
[1673] Mor 5311
Found, that an apprising, which had been gifted to the heir apparent, could not be redeemed from him, without payment of the full amount contained in it. See No 51. p. 5309.
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In an action for mails and duties of the lands of Straquhair pursued at Kilpount's instance, as compriser of the said lands, compearance was made for the Laird of Arkinlaws, who alleged he had a prior comprising, and so ought to be preferred. It was replied, That he was denuded in favours of Straquhair's eldest son and apparent heir, and so his right fell under the late act of Parliament, whereby a lawful creditor might redeem from him, for payment of the true sums of money that he gave for his right. It was replied, That the right made by Arkinlaws to the son was pura donatio, and for no sums of money, and so fell not within the act of Parliament; which was only against the apparent heirs who did acquire rights to comprisings led against the father. The Lords having considered the act of Parliament, did find, that if the right made by Arkinlaws to the son was pura donatio, and for no sums of money, it did not fall within the compass thereof, and cannot be redeemed but by payment of the whole sums contained in the comprising; but it being alleged that there was no probability of any such gift, and that it appeared to be but a contrivance, the Lords, before answer, ordained Arkinlaws and the old and young Lairds of Straquhair to be examined upon oath, if Arkinlaws got any sums of money or any good deeds from the father or son for the right made by him.
Fol. Dic. v. 1. p. 359. Gosford, MS. No 619. p. 358.
