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Scottish Court of Session Decisions >>
John Lockhart, now of Lee, Petitioner. [1696] 4 Brn 312 (21 February 1696)
URL: http://www.bailii.org/scot/cases/ScotCS/1696/Brn040312-0674.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
John Lockhart, now of Lee, Petitioner
Date: 21 February 1696
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John Lockhart, now of Lee, gives in a bill, representing he cannot yet determine to whom he shall enter heir, because Richard the last heritor has done deeds in contravention of the tailyie, and, if he should serve to him, he could not then be admitted to quarrel his deeds; and he cannot get brieves for serving to Cromwell Lockhart, his eldest brother, seeing he died not ultimo vestitus et sasitus, till he had obtained a declarator, annulling and removing his brother Richard's infeftment out of the way; and therefore craved they would put in a factor to manage the estate medio tempore.
The Lords considered, that, at the desire of creditors, where fortunes were incumbered, and multiplepoindings and competitions depending, they used to sequestrate, but not at the desire of apparent heirs, especially where it was designed to put the relict out of possession of her jointure; and, if the Lords granted factories in this manner, apparent heirs would always lie out and shun the passive titles too: And therefore refused the desire of his bill as it stood.
