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Charles M'Kie of Southfield, v John Paton, Merchant in Edinburgh. [1710] Mor 16466 (30 November 1710)
URL: http://www.bailii.org/scot/cases/ScotCS/1710/Mor3716466-006.html Cite as:
[1710] Mor 16466
Charles M'Kie of Southfield, v. John Paton, Merchant in Edinburgh
Date: 30 November 1710 Case No. No. 6.
A provision, that one should not quarrel or reduce a right, but consent to and ratify the same, found to import, that he should assign and dispone that right.
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Agnes Paton, relict of Archibald Paton, merchant in Edinburgh, disponed and assigned a bond of £.1000 granted to her by the Lairds of Clackmannan and Kennet, in favours of Margaret Paton, her daughter, with this provision: “In case William Paton, late Bailie of Edinburgh, my son, shall question, quarrel, or reduce this right, then I assign her in lieu thereof to £.1000 resting by him to me, which I discharge him of, in case of his not quarrelling, questioning, or reducing the said right, but consenting to and ratifying the same.” The Lords found, That William Paton, by the foresaid clause, was bound not only to consent to and ratify Agnes Scot's disposition to Margaret Paton, her daughter, but also to assign and dispone the debt in favours of the said Margaret Paton.
