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Scottish Court of Session Decisions >>
Mr Robert Chalmers v Mr Thomas Chalmers of Gogar, his Brother, and John Cooper, alias Chalmers, his Son. [1694] 4 Brn 155 (16 February 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040155-0354.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Mr Robert Chalmers v. Mr Thomas Chalmers of Gogar, his Brother, and John Cooper, alias Chalmers, his Son
Date: 16 February 1694
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The Lords found the reason of reduction relevant, that Mr Thomas, after the pursuer's inhibition, did renounce, in favours of Sir John Cooper of Gogar, the wadset he had on Gogar for 80,000 merks; unless Mr Thomas will say that he got an equivalent security for it, and to which his creditors might have access; and that in place of the 80,000 merks renounced and the 30,000 merks of debt he undertook. For the Lords thought, that, if Sir John had paid the money, the renunciation could not have been quarrelled on the inhibition, unless the inhibition had been intimated to Sir John, the payer: but, seeing it was only by a transaction, it was quarrellable on the Act of Parliament 1621, as in defraud of the prior creditor's diligence; unless he got an equivalent in its room. For the second transaction was looked upon as a contrivance to put his son in fee of the most part of his land.
