Scottish Court of Session Decisions

Subject_1 PASSIVE TITLE.
Subject_2 DIVISION II.

Lucrative Successor post contractum debitum.
Subject_3 SECT. IV.

How the Passive Title of Lucrative Succession is purged. What sort of Creditors have the Benefit of this Passive Title.

Gillespie
v.
Carses

Date: 21 November 1705
Case No. No 135.

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A party who had only one son, and grandchildren by a deceased daughter, disponed his estate, first to the grandchildren, and thereafter to his son, who obtained himself first infeft. In a competition, the Lords found, That though the son had the first complete right, yet seeing he became thereby lucrative successor, he was bound to warrant his father's deed in favour of the grandchildren, and could not quarrel the same; upon which ground the grandchildren were preferred.

Fol. Dic. v. 2. p. 38. Fountainhall. Forbes.

*** This case is No 126. p. 9796.