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Scottish Court of Session Decisions >>
George Reid v Thomas Harper. [1663] Mor 2733 (19 June 1663)
URL: http://www.bailii.org/scot/cases/ScotCS/1663/Mor0702733-065.html Cite as:
[1663] Mor 2733
A right by infeftment, granted contrary to the act of Parliament 1621, cannot be challenged by exception, but by reduction.
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These parties competing in a double poinding, George Reid craved preference because he was assigned to the mails and duties by Thomas Mudie, heritor of the land.—Thomas Harper alleged, That he had arrested the duties upon a debt owing to him by William Mudie, father to the said Thomas, and any right Thomas had was fraudulent and null by exception, by the express words of the act of Parliament 1621, being betwixt father and son, without any onerous cause, and he ought not to be put to reduce in re minima, his debt being within L. 100.
The Lords found he behoved to reduce, conform to their constant custom in heritable rights.
