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Scottish Court of Session Decisions >>
The Trustees of Doctor Fraser v Fraser of Phopachy. [1749] Mor 5491 (12 July 1749)
URL: http://www.bailii.org/scot/cases/ScotCS/1749/Mor1305491-059.html Cite as:
[1749] Mor 5491
Subject_1 HERITABLE and MOVEABLE. Subject_2 SECT. X.
Sum destined to be laid out on Heritable Security.
The Trustees of Doctor Fraser v. Fraser of Phopachy
Date: 12 July 1749 Case No. No 59.
A sum due by a moveable bond, but in security of which, the debtor had assigned a corresponding part of a larger sum, due by an heritable bond, was found heritable.
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Andrew Auchinleck of Conachy, and Mr Thomas his brother, granted bond to Dr William Fraser of Phopachy for 2000 merks; and, in the same deed, Mr Thomas assigned to the creditor, in security, as much of 4300 merks, and annualrents that should arise thereon, due to him, heritably secured, as should pay the said 2000 merks and annualrents.
Dr Fraser conveyed his moveable estate to trustees, for certain uses; between whom and William Fraser of Phopachy his heir, there arose a competition for this 2000 merks; the one arguing, that it was due by a moveable bond; and the other, that an heritable debt was assigned in security of it.
The Lord Ordinary, 29th June, “found the sum heritable.” And
The Lords refused a bill, and adhered.
Petit. A. Macdowall.
Fol. Dic. v. 3. p. 267. D. Falconer, v. 2. No 84. p. 91.
