The Scots Law Times Volume 8 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1901 Excerpt: ...to get rid of the trust by an action of denuding. They said that they advanced the money in reliance on the records, and that they were in the position of a bona fide onerous disponee or assignee acquiring from a trustee who was vested in the subject by a title ex facie absolute. Lord Pearson, after stating the facts as above.--It is necessary in considering this question to examine the Allans' title, and it at once becomes apparent that the principle does not apply. They hold no title from the trustees, and it was the trustees who alone had the power to sell that subject or to borrow upon it. The Allans' title is derived from Alexander alone, and although it bears to dispone his one-half pro indiviso of the subjects, and was recorded in the Register of Sasines, it really amounts to no more than an assignation of Alexander's beneficial interest under the trust. No doubt the registration in the sasines would accresce to the Allans so soon as the trustees had conveyed to Alexander his pro indiviso half (as they might ultimately be bound to do), and he had completed his title thereto; but until that time the Allans were merely assignees of Alexander's interest, and were subject to all the qualifications affecting that interest. Now one of these qualifications was, that Livingstone was not bound to concur in any deed affecting the subjects until he was reimbursed for his outlay on the subjects. This followed from the fact that the tenement was beyond all doubt erected "on joint account"; and 1 presume that the original title was taken as it was, not merely for convenience, but in order to secure the rights of the two joint adventurers inter se. The Allans further object to this view of their rights, on the ground that even as between Livingstone and A...