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Lord Salton v Sir Patrick Ogilvie of Boyne. [1696] 4 Brn 341 (15 December 1696)
URL: http://www.bailii.org/scot/cases/ScotCS/1696/Brn040341-0727.html Cite as:
[1696] 4 Brn 341
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Lord Salton v. Sir Patrick Ogilvie of Boyne
Date: 15 December 1696
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Rankeilor reported a case between the Lord Salton and Sir Patrick Ogilvie of Boyne, being a declarator of trust, that any right my Lord Boyne had to the lands of Pittowlzie and Pittendrum from the Lord Salton's father and grandfather, were only securities for cautionaries and sums of money owing him. Boyne contended they were irredeemable. One of the grounds to enforce the trust was, That the price was to this hour standing blank in the disposition he produced; et nulla est emptio sine prœtio, et tunc tandem contrahitur venditio cum de prœtio convenerit,—sect. 1, Instit. de Empt. et Vendit.
Answered,—The price may be conferred in arbitrium tertii; and it is cleared here by a back-bond.
Replied,—That back-bond was never accepted, and contained nothing that was near to an adequate price; and it is unsuitable that the price should be conferred in arbitrium emptoris.
There being sundry other grounds to adminiculate a trust, the Lords res olvd to hear it in their own presence.
