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Scottish Court of Session Decisions >>
Cobbs v Wemyss. [1677] Mor 4275 (16 November 1677)
URL: http://www.bailii.org/scot/cases/ScotCS/1677/Mor1004275-063.html Cite as:
[1677] Mor 4275
In questions between parents and children, who understood to be fiar.
Subject_3 SECT. VI.
Settlements importing a Liferent only. - Fiar's power of uplifting without consent of the Liferenter.
Cobbs v. Wemyss
Date: 16 November 1677 Case No. No 63.
A bastard having no children, disponed his estate under a backbond obliging the disponee to re-dispone to him and the heirs of his body, reserving his liferent. Found that the effect was to make the bastard a mere liferenter, if he had no children.
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Andrew Tory a bastard having no children of his own body, dispones some tenements and sums to Wemyss of Fingask, under a back bond from Fingask, obliging him to re-dispone to Andrew and the heirs of his body allenarly, and reserving the said Andrew's liferent. Thereafter Andrew makes a second right to this Cobbs, who pursues Fingask to denude and re-dispone. Alledged, the back bond implicitely excluded assignees as the word ‘allenarly’ bore. The Lords found a bastard in his leige poustie, might lawfully prefer any to the King, and dispone his estate, and that the design here seemed to make the bastard a mere liferenter, in case he had no children, and therefore assoilzied.
