Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.

John Brown, Bailie in Haddington,
v.
Robert Forrest, Merchant there

Date: 27 July 1675

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In a reduction of a decreet-arbitral, decerning John Brown to take burden for his daughters, to cause them renounce their right to some acres in Haddington, to which they were provided by George Brown, in fee, and their father only in liferent, upon this reason,—That the decreet was ultra vires, and without any ground of law, the pursuer never having submitted for his children; but only all differences betwixt him and Robert Forrest, the defender:—

It was answered, that the children's right being granted to them when they were infants, et in familia with their father, and had no means to acquire any right themselves; which disposition was after that George Brown, the granter thereof, was debtor to the defender; their father having submitted all differences, was justly decerned to take burden for his children, to cause them renounce: wherein no iniquity could be committed, seeing, in law, they might be compelled to do the same.

The Lords did reduce the decreet-arbitral, as being ultra vires; the submission being only by the father, and not as taking burden for the children: especially he having a distinct right of liferent, which was then in question, and whereupon he defended in judicio possessorio: but they reserved to George Forrest to reduce the daughters.’ right, as accords.

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