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Scottish Court of Session Decisions >>
George Napier, alias Maxwell of Kilmachew, v Sir John Shaw, alias Sir John Houston. [1700] 4 Brn 485 (29 February 1700)
URL: http://www.bailii.org/scot/cases/ScotCS/1700/Brn040485-0930.html Cite as:
[1700] 4 Brn 485
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL. Subject_2 This week I sat in the Outer-House, and so the observes are the fewer.
George Napier, alias Maxwell of Kilmachew, v. Sir John Shaw, alias Sir John Houston
Date: 29 February 1700
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George Napier, alias Maxwell of Kilmachew, as apparent heir to Sir George Maxwel] of New Wark, his father, gives in a petition representing, that Sir John Shaw of Greenock, and now Sir John Houston of that ilk, were carrying on a sale of his lands; whereas it was not proven that his father died bankrupt; and that he was but lately past his minority, and intended to serve himself heir cum beneficio inventarii, conform to the late Act of Parliament 1695; and that the estate has been under sequestration these ten or twelve years; and Houston was cautioner for the factor, and so would be paid of much of his debts by that intromission; and therefore craved he might be admitted to his defences, and the roup stopped medio tempore.
Answered,—The probation of the rental being closed and advised, and the diet for the roup set, he could not be admitted, hoc ordine, to stop it; neither could he serve heir; because, his father being dead before the Act of Parliament, he had a year allowed him, which is now elapsed; and minors are not excepted by that Act.
