Scottish Court of Session Decisions

Subject_1 PASSIVE TITLE.
Subject_2 DIVISION II.

Lucrative Successor post contractum debitum.
Subject_3 SECT. III.

The Debt must be anterior to the Disposition. - What understood to be an Anterior Debt.

-
v.
Hepburn

Date: 7 June 1674
Case No. No 130.

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The apothecary Patrick Hepburn's son, being pursued as successor titulo lucrativo, for a debt of his father's, upon that ground, that though the right of lands granted to him by his father was before the debt, yet it was revocable, and under reversion to the father, upon a rose noble, when he contracted the debt libelled;

The Lords assoilzied from the passive title foresaid, but reserved reduction. It appears that the case was not without difficulty; and that albeit future creditors in some cases may reduce anterior rights ex capite fraudis, yet this is difficult and unusual; and therefore it had been fit to determine that point, viz. Whether an apparent heir, getting a right revocable, and of the nature foresaid, should be liable at the least in quantum; seeing if the father had discharged the reversion, he would have been successor, in respect of the discharge after the debt; and the son was a child, and the father reserved and retained possession, and upon the matter, the father's not redeeming was a discharge of the reversion.

Act. ——. Alt. Hog. Fol. Dic. v. 2. p. 37. Dirleton, No 184. p. 74.