William Sutherland, of Little Torbol, Esq v Alexander Gordon of Ardoch, Esq Et Alii: HL 7 Mar 1751

Provision to Heirs and Children. – Fiar absolute and limited.-
A disposition in a marriage contract to the heir of the marriage in fee, with an obligation to infeft, and absolute warrandice, imports only a right of succession, and not a jus crediti, in a question with onerous creditors.
A right of succession under a marriage contract cannot by inhibition be made effectual against onerous creditors of the father.

[1751] UKHL 1 – Paton – 493


Updated: 22 November 2021; Ref: scu.558206