BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Thomas Ogilvie of Cordauch v James Ogilvie of Newton of Bellerty and Alexander Ogilvie of Pool. [1694] 4 Brn 141 (6 February 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040141-0319.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Thomas Ogilvie of Cordauch v. James Ogilvie of Newton of Bellerty and Alexander Ogilvie of Pool
Date: 6 February 1694
Click here to view a pdf copy of this documet : PDF Copy
This was a reduction of a disposition, on this ground, That it was only conditional, by one brother to another, without adequate onerous causes, and only to take effect if the disponer should die without children; and so the conception of the clause was alleged to be suspensive; that the dominion and property was not conveyed till it appeared that the condition did not exist; and being only of the nature of a tailyie, and destination of a substitution, it did not so divest the disponer but he might contract debt, and thereafter do other rational deeds to affect these lands. But the Lords, having read and considered the disposition, they found it conceived in resolutive terms, viz. that if the disponer should have children of his own body, then the disposition should be void and null; and found any debt he contracted afterwards could not affect that land; and therefore reduced the adjudications led thereon for the same: though sundry thought it was not the disponer's meaning so to incapacitate himself, but only the ignorance of the writer, who strained it in that manner, not knowing the difference betwixt the two clauses.
