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Scottish Court of Session Decisions >>
James Murray Merchant in Edinburgh, v Sir Robert Blackwood Merchant there. [1710] Mor 5478 (25 July 1710)
URL: http://www.bailii.org/scot/cases/ScotCS/1710/Mor1305478-047.html Cite as:
[1710] Mor 5478
Subject_1 HERITABLE and MOVEABLE. Subject_2 SECT. VIII.
Incorporate Stock.
James Murray Merchant in Edinburgh, v. Sir Robert Blackwood Merchant there
Date: 25 July 1710 Case No. No 47.
A share of the stock of the African Company found moveable, and legally carried by confirmation of the proprietor's executor-creditor, although every part of that stock was established by charter and infeftment held of the Crown, and destined not to be uplifted but according to the rules of the Company.
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In the competition betwixt James Murray, who had adjudged the deceased Patrick Murray of Livingston, his share of the capital stock of the African Company, due out of the equivalent, and Sir Robert Blackwood, who, as executor-creditor to Patrick Murray, had confirmed the same; the Lords sustained Sir Robert's confirmation, and preferred him, albeit it was alleged for Mr Murray, That every part of the joint stock of the African Company was originally heritable, being established by charter and infeftment held of the Crown of Scotland, for payment of a hogshead of tobacco, and destined not to be uplifted nor transmitted to new proprietors but according to the rules of the Company; and therefore, no supervening change by dissolution of the Company, did alter the interest of heir or executor, or creditors adjudging or confirming, though it might render the subject arrestable or moveable.
