Scottish Court of Session Decisions

Subject_1 PERSONAL AND REAL.

Children of Sir David Murray, and Robert Gordon, Their Assignee
. v.
The Earl of March and the Creditors of Broughton

Date: 20 June 1739
Case No. No 2.

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A Disposition to a son in his contract of marriage, dated 1710, “providing and declaring, and it shall be provided in the charters and infeftments to follow hereupon, that these presents are granted, and the lands, &c. are resigned with the express burden of payment of the whole debts and sums due by the father to his creditors, and contained in a particular list, as also with the burden of payment to the said Sir David Murray's children of the respective provisions granted by him to them, all particularly set down in the foresaid list, subscribed by the said Sir David and Alexander Murray, of the date of these presents;”—a list was accordingly duly made out of that date, referring to the contract, and registered in the Common Register of Session, anno 1717, and in 1715 the son was infeft, the sasine bearing in general, “under the burdens and provisions mentioned in the contract, and contained in the list,” and in 1719 the son sold the estate. The Lords found the childrens provisions, though contained in that list, were not real burdens, chiefly because the list of debt' and provisions was neither inserted in the disposition, nor registered in the Register of Sasines, but only in the books of Session. (See Dict. No. 70. p. 10,247).