Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.

Abden and Mr David Dewar
v.
Pittrevy

1688. February.

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In a reduction, at the instance of Abden against Pittrevy, of a disposition granted to the defender's father by the pursuer, upon this reason, That the pursuer, a facile youth, had signed it immediately after his majority, as it was sent up to him at London, of design to exclude his succession, by an ill wife he had married, who is now dead without issue,—and the pursuer hath now hopeful children by a virtuous second wife: Again, himself is enormly lesed by the disposition, whereby he hath only reserved a liferent of 3000 merks; and he is willing to allow to the defender all money paid or advanced to or for the pursuer. Answered for the defender, That the pursuer had homologated the disposition, by receiving the annuity of 3000 merks, and granting discharges relative thereto. 2. By a new contract at Dumfermling, the pursuer, who is major, sciens et prudens, hath, with advice of his friends, disponed his estate to the defender's father. Replied, By interlocutor of the Lords of Session, the pursuer was allowed to receive the annuity without danger of homologation. 2. The contract at Dumfermling was entered into by the pursuer out of mere necessity, the defender's father having refused to pay him the annuity; and his creditors having forced him to the abbey, therefore the foresaid disposition ought to be reduced upon this material ground of lesion; as was decided 22d February 1688, betwixt Gray of Crichy and the Earl of Lauderdale. The Lords assoilyied from the reduction,—February 1688. But this interlocutor was stopped by an after allegeance, that the contract at Dumfermling was entered into upon trust.

Page 161, No. 579.