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Scottish Court of Session Decisions >>
Grant of Kirkdales v Gordon of Birkenburn. [1681] 3 Brn 385 (8 January 1681)
URL: http://www.bailii.org/scot/cases/ScotCS/1681/Brn030385-0529.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Grant of Kirkdales v. Gordon of Birkenburn
Date: 8 January 1681
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A Reduction of a disposition by a father to a son, on the Act 1621, was this day advised. The Lords had, by the Act of Litiscontestation, sustained thir two defences against the reduction; 1 mo, That the father was not a bankrupt, but had an estate aliunde in moveables, sufficient to pay the debt acclaimed,
beside the lands disponed to his son. 2 do, That the son had paid an adequate onerous price to his father's creditors; and, probation being led, both on the worth of the lands and the price paid, the Lords found the moveable estate proven was not equivalent, so as they might have satisfied the sums pursued for; and that the mains, never being set in tenantry, the rent of them was not clearly proven. Therefore ordained the defender to depone anent the true yearly sowing and holding of the mains, and either of them to adduce probation what a roum of that sowing might be set for in that part of the country, and that betwixt and the 16th of January next. And, ex officio, ordained the creditors to depone what sums the defender paid to them when he acquired their rights.
Against this he gave in a bill, Alleging, He ought to have allowance, in the computation of the whole sums which might have been exacted from his father; and that the clause in the 62d Act, Parl. 1661, making it redeemable from apparent heirs for the sums they gave, meets not here, especially seeing the said Acts, 1621 and 1661, are correctory; and he offers to depone the favours and eases he got were merely on his own account, and he never pactioned to give any benefit of it to his father.
