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Sir Alexander Forbes of Tolquhon v Forbes of Waterton. [1681] 3 Brn 406 (23 June 1681)
URL: http://www.bailii.org/scot/cases/ScotCS/1681/Brn030406-0570.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Sir Alexander Forbes of Tolquhon v. Forbes of Waterton
Date: 23 June 1681
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The debate between Sir Alexander Forbes of Tolquhon and Forbes of Waterton being reported by Newton; the Lords found the allegeance of the general discharge produced doth not exclude the compensation: and find that Waterton is only obliged to denude habili modo, by entering and infefting himself in those rights where his father was infeft, and assigning and disponing where his father was not infeft, with absolute warrandice of the lands, conform to a minute.
But thereafter the Lords having considered Waterton's declarator, they sustained it: and declared the minute void and null for not performance by Tolquhon, upon repayment of the sums paid by Tolquhon in part of the price of the bargain. And find the letters orderly proceeded at Waterton's instance for the maills and duties, unless Tolquhon pay the remainder of the price within a month; Waterton giving Tolquhon a valid disposition of the lands conform to the minute at the sight of the Lord Newton, and to compare the same with the principal.
