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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Graham of Benchils v Blair of Inchyra. [1715] 5 Brn 120 (1 February 1715) URL: http://www.bailii.org/scot/cases/ScotCS/1715/Brn050120-0124.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ALEXANDER BRUCE, ADVOCATE.
Date: Graham of Benchils
v.
Blair of Inchyra
1 February 1715 Click here to view a pdf copy of this documet : PDF Copy
Benchils being habit and repute a weak person, though not altogether fatuous, grants a disposition of his lands, which were worth about 800 merks yearly, &c. in anno 1706, in favours of Inchyra, his brother-in-law: which disposition proceeds upon a narrative of money received; which, with 2000 merks, to be paid, not to the granter, but to Sir James Ramsay of Bamff, and 6000 merks payable to his own and his wife's friends, for which Inchyra gave bonds, but containing irritances, in case the disposition did not subsist, and with reservation of the granter and his wife's liferent,—is declared to be the adequate price of the lands, containing also absolute warrandice. Thereafter, in January, 1707, and after the decease of Benchils' lady, there is a contract entered into betwixt them, wherein Benchils dispones to Inchyra all his debts, sums, &c. that did then or should thereafter belong to him, with the rents of his lands ; and Inchyra binds to aliment him, and clothe him, but only out of his lady's thrift, &c. and to relieve him of his debts, not exceeding 2000 merks, and to pay him 200 merks yearly. And in February thereafter, Benchils renounces in Inchyra's favours his liferent formerly reserved.
The Lords, before answer, having allowed a conjunct probation of the facts and qualifications alleged for either party ; and many witnesses being thereupon examined :
The Lords reduced the disposition made by the pursuer to the defender, in December, 1706, with the contract betwixt them in January, 1707, and the assignation, disposition, and renunciation of the pursuer's liferent to the defender in February thereafter; and decerned the same to be void and null.
But, upon a reclaiming bill and answers, the matter was delayed till June.
Act. Graham. Alt. Lord Advocate. Mackenzie, Clerk. Vol. I. page 64.
The electronic version of the text was provided by the Scottish Council of Law Reporting
