Scottish Court of Session Decisions

Subject_1 WARRANDICE.

Drummond
v.
Miln and Brown

1741, Feb. 21.
Case No. No. 3.

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We seemed to agree that as Aitchison granting a liferent to William Murray was a part of the condition of John and William Murray's disposition to him Aitchison, that therefore Aitchison was not liable in absolute warrandice as an ordinary seller, and therefore had he purchased Sir Gilbert Elliot and Brodie's right, it would not have ipso jure accresced to William Murray, but that he must have communicated it to William Murray upon payment of a proportional part of the price. 2dly, We agreed that there was plain evidence of collusion betwixt Aitchison and Drummond his son-in-law in purchasing that right in Drummond's name, as far as collusion is properly applicable to the case; but the question was, Whether Drummond be obliged so to communicate? and it carried by a great majority that he is not obliged, renit. tantum Dun et me, 3d December 1740. But this was afterwards altered, and it carried by a great majority, that he was obliged to communicate, 21st February 1741; and on 30th June adhered.