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Scottish Court of Session Decisions >>
Grant v Mansfield and Ramsay. [1779] Mor 7007 (9 December 1779)
URL: http://www.bailii.org/scot/cases/ScotCS/1779/Mor1707007-064.html Cite as:
[1779] Mor 7007
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Gascoigne entered into a minute of sale for the purchase of Dalderse from Sir James Campbell at L. 27,000, of which L. 15,000 was to be secured on the lands, L. 3000 paid immediately, and a bond to be granted by the purchaser and two cautioners for the remaining L. 9000. Soon after the execution of this minute, Gascoigne and his cautioners became insolvent, and Sir James now insisted, that in addition to the collateral securities formerly stipulated, the whole price should become a burden on the lands; which was accordingly done by Sir James granting disposition to the lands on that condition, and by Gascoigne's granting heritable bonds for the price in the proportions above-mentioned, on which infeftment followed. In a judicial sale of the estate, brought by Gascoigne's Creditors, it was pleaded for one of them who had used inhibition after the minute of sale between Gascoigne and Sir James, but before the granting of Sir James's disposition, that the transaction by which the whole price was made a burden on the lands, and also the heritable bond for L. 9000, being a deed entirely voluntary on the part of the debtor, must be affected by the inhibition. The Lords, on this ground, that an inhibition cannot affect deeds without which the granter could not have acquired the subject of competition, repelled the plea of the inhibiting creditors.
Fol. Dic. v. 3. p. 323. Fac. Col.
*** This case is No 3. p. 1384. voce Beneficium Cedendarum Actionum.
