Scottish Court of Session Decisions

Subject_1 WARRANDICE.

Creditors of Mousewell
v.
The Children

Date: 11 December 1679
Case No. No. 58.

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A father disponed his estate to his eldest son, reserving a power, “to burden it with a certain sum for provision to his bairns and other lawful affairs,” with a clause of warrandice from his own fact and deed allenarly: Notwithstanding of this clause of warrandice, it was found, That this faculty was not exhausted by the father's anterior debts, but that both were burdens upon the son; it being pleaded that such clauses of warrandice contained in gratuitous dispositions, where nothing is intended but to give the right talis qualis, are not understood to guard against prior debts, especially in this case, where the father reserved only a liferent of a part of the lands, no more than sufficient for an aliment.

Stair.

*** This case is No. 60. p. 984. voce Bankrupt.