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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> John Hutchesone v - - . [1650] 1 Brn 471 (17 January 1650) URL: http://www.bailii.org/scot/cases/ScotCS/1650/Brn010471-1273.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.
Date: John Hutchesone
v.
- -
17 January 1650 Click here to view a pdf copy of this documet : PDF Copy
John Hutchesone, pursuing some minors, bairns of a second marriage, as heirs
of provision, for registration of a bond of 200 merks,—instructs the passive title, by the father's contract of marriage; according to the which they are in possession of certain lands; and refers to their oath, in so far as shall not be proven by writ. But the Lords found, That they are not of the age that they can swear;—neither is their tutor holden to swear for them, except they would prove otherwise them to be heirs; and, to offer to prove successors to their father in lands, as use is, titulo lucrativo post contractum debitum, is to be understood of heirs of line. It was farther excepted, That the heirs of provision could not be convened while the heirs of line were discussed; as was alleged before in the process against Craigmillar. But it was replied, That, in so small a matter, the pursuer might spend the whole sum he claimed before he could get them all discussed. And, as we have said also in that anent Craigmillar, the practick of the country would be corrected: liberty being granted to the creditor to pursue any representing the defunct; reserving to them their relief, by discussing amongst themselves at their pleasure. Page 173.
The electronic version of the text was provided by the Scottish Council of Law Reporting
