BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Johnston and Steil v Ludovick Willison alias Calander of Dorater. [1696] 4 Brn 328 (19 November 1696)
URL: http://www.bailii.org/scot/cases/ScotCS/1696/Brn040328-0702.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Johnston and Steil v. Ludovick Willison alias Calander of Dorater
Date: 19 November 1696
Click here to view a pdf copy of this documet : PDF Copy
Rankeilor reported Johnston and Steil against Ludovick Willison alias Calander of Dorater. It was an objection against the pursuer's active title, as being an adjudication of a moveable debt. Answered,—Though the original bond be personal, yet it was made heritable by a comprising deduced thereupon. Replied,—That apprising being led by the tutor, he could not alter the destination of the first succession. Duplied,—Though that be true, yet there was no inversion here; because they were both heirs and executors, and had the right jure sanguinis utroque modo.
The Lords thought a tutor cannot, by taking a collateral accessory security, divert the channel of succession; yet here, both rights centering in one person, they sustained the title.
