John Arratt Late Professor of Philosophy At St Andrews v John Wilson: HL 23 Mar 1719

Trust – Circumstances inferring the trust of a disposition, bearing to be heritable and irredeemable, and upon which infeftment had followed.
The trust being declared, the trustee is ordered to continue in possession, until it be redeemed, or proved that he was paid.
After several interlocutors, holding the appellant as confessed for not deponing, the appeal is brought that he might be reponed to his oath, but the interlocutors are affirmed.
Vis et metus – During the dependance of this process, the trustee having arrested the grantor of the disposition upon one of the debts paid by and assigned to such trustee, and while under caption having taken from the grantor a discharge and renunciation of all trust, and a disclaimer of his action of reduction: this discharge reduced upon the head of vis et metus; and the trustee is ordered to pay 60 l. Scots of expences, before he should be heard in the principal cause.

[1719] UKHL Robertson – 234, (1719) Robertson 234


Updated: 04 January 2022; Ref: scu.553532