WES 
PECISIONS 


or THY | 128 

COURT OF SESSION 
FROM ITS 

INSTITUTION till the Year 1764. 

WITH 1 ; 

DECISIONS SINCE THAT PERIOD. 

ARRANGED UNDER PROPER TITLES, 


2 7. - * 


IN THE FORM OF 


A DIQGT1 0 N A R * 3 


3 
- © p49] ber 2 
VOLUME Il, 
— mY - $ D « : 


E O N D Rp” 


Sold for the Editor by . Hay, at the Artiſts Exhibition- 
hall, near Exeter Change; J. Cadell, oppoſite Ca- 
therine Street; I." Brown, Corner of Eſſex Street, 

3 by Mrs. Fellingsby,, within Temple Bar, 
” 


ein 


7 


"pap bach need 7 need, 1 
7 "FIT booſhobar © ATV 


as; 25 
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Eas tem s 1: è ͤ 21 
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+ 2. £Z 71 3099 
2 # as % 3 171 To * Fel 1 \ by » 
CS Lin Wh b\ TCH 37 e257, 6: 4/3 RISE 
f 55 ff 7 N I 4 Py 1 4: fs 
„ 8 fee $6.5 e zb $6 ; kts 
bY ESPE UNE oa + net aff” il 
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THE 
DECISIONS 


OF THE 
COURT OF SESSION, 


FROM ITS 


INSTITUTION till the Year 1764. 
ITA SEVERAL 


DECISIONS SINCE THAT PERIOD. 
m 4 


ARRANGED UNDER. PROPER m 


0 1 


aha. 
* — . 3 


IN THE FORM OF 


A DICTIONARY, 


n 2 I: * . by 


INFIYFE. VOLUMES. 


"ad i 
* 


DON 


Sold for the Editor by .. Hay, at the Artiſts Exhibition · 
hall, near Exeter Change; T. Cadell, oppoſite Ca- 
therine Street; N. Brown, Corner of Eſſex Street, 

Strand; by Mrs. Follingsby, within Temple Bar, 
Fleetfreet i And by C. „ in Edinburgh. 
M DCC LXXIV.” | 


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4 S630 J WR 2 I OST Fran 7 ook a 
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1 - „ rr 8 5 * N YE N 
1 * 4 4 W 80 % 1 & £8 1 N © *% 
49 7 e W 3 bel ; 1 4 £ 7 4 * A * 3 > / ; * 


N 


1 ni 
„ „ *% 72 „ « — ˙ . 7 2 0 een 
* 1445 A * a ** bat, * ? f © 9 » \ «# . * 14 2 * * — 1 
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n Py * — | 
* F + * EF Cy > * + i : 
8 98 4 4 „„ ww 5 * 


-— 4< 


. 5 ? * 7 


them two, th t heir 2 or Nan 1 man an ? 
nees; the Lords wang, Tot the 89 
after the huſband's » cannot afligh - thei 
the ſame, except for ber own lifetime; 8 
| e 
et io run K rtain 3 11 heirs, n 1075 
ing * ene on A þ7 e | by er. Bal. Vs 


apy e > HE 


with an bligation to Hang TE and their beige i 
an annu lrent;: and (hare having N heirs of th t 
marriage; the Lords found, That th whole in al 
ent, after e death of the bib Paal 1 iſe, 
pertain only 10 his, not to ber heirs... Hag 

ov. '16cc Ayton.— Found, That. an pa 
df a Bi: 6 being made to a man and his 

heir heirs, it behaved in dubip to belong to the man's 

eirs, and not to the wife s. Hohe ( H and} Collin- - » 
On. — bond £ ng granfed to 4 a and bis wife, 8 

and tkeir heirs; after the man's noodle without c 1 
Iren, the 45 fo und the wife's heirs could claim — 
o part of the dame, and chat the whole ſum, after 
er deceaſe, would. belong to- the huſband's heirs; ufi- 
els the bond k. born Fre „That, failing — 4 
detween them, the ſum. ſho ” be divided det wi 
he huſband's beirs, and WL 2 of the wife. 
Air), gch Dec. 1630, Wufte. . A bond deigz 
granted o a huſband and bis w 2 ae 


arriage, which „ hi 
Vol . | 


50 
| . 5 | e the N 


4, in nip . [ — tn 2Ju 2Ju 
John love aud Geer! Hi ﬀ 
ter, it edits, haſids "af gwed kr N 
And 55 7750 ah 97555 125 b 
_ 117 8 Lors Site | 
wil ar ha } 

f 


5 By the 42065 
| Notwithſtan this was * 


he's Abe 0 


he's and [the hyſbang's chifdren, of another mar 
| We the huſband was und doubrealy ' far, 17 Ns Hl 


nden to be ll {iy ene Reirs 


10 


i 2 oh 
1 Pi "977" Shafts EE. NF fits” Of? Hit OP. e — 


Tus 8 


a  Þ . : Þ A R. 
pertain to the 88 after the "wiſe 8 deceaſe in fo- 


we be. 
ne 1657, 


TR A fe weer Furl 1. N 
gar. A JyrritgHer : 15 ee hl ket 


ed to ſomeè tente e io 
pham 75 . A0 55 
fo 155 os An ee, bbich 
4 


Ape)" 5 0 
4 ien nb 
e y ſe. the Lords fs nd the fee in the 19 


115 'to Fe ecei cred am ih hula and 


LS, Rae an bn g ine debtor « tg ref te ann 
w AL ud wife, And Jop gel Kere of, Hem 

Ne their heirs, , exectitors, or aflignees,” 
e being difſolved by the predicedts bf the mee 

ut children, the queſtion occurred between til: 


® „ 1 


1, Neis and" 


of Hem was far? Pleaded 1 ons 


ſwered. 1%. the Ing Ab Poon Wa, 5 
ecteded jipo ald thet her bei 5 85 


the fiar's h heirs e 1 to be 


ade, The 6 of the clauſe is 'the fool! 


'bond had b hired! 3 Ht *the betrs's 4 Fi 9 Trver + 
The Lords e'reſi ict, and fou har the . 
Fenton ery 9 25 45 Fern by Het. 22d 19 7 ba 
Ec 73 77 | 
; FRY REVERSIO tanted tf 
4 2 55 Pelle GE 107 dy - 

: | a e „ 
vie hy Found "aff e de 2 i 


erflon! 1 18d Bel. 1 24 


We. 
n +. 5 as * 
re 


ir 

= 
bg; 

ve7 e ber hund, to 

ring thein lifetime, n 

ss executprs4;and 

e Aale 


of the half, ahbe 2080 
W ot an uy 
| 105 ee 


e ve 


he ro ah 5 F LCHEIDECITEALYS 


po 


COA Hl poſe - 
. goed. 3 


IS 


ns 2 950 Ur 
Wat} ENT. fa 2E. SY n 1 


EEEDTME 
. his i t. fem... 

1 5 25 

ee 

4 


ee 


a 40 ED 
perens the; Lords 
5. — enloc by 5 5 5 


ing, to the 


— P 94 7 , * 
- 
*, * F 
. 


4 EL F PAR 
and: fer, ry) bead p 
EI falſing. Ties de 
and there be ip Wir WN 
ng of the” m? the: by . 


| 254% alte, 


% © „ P% 
FE 1 
; ad - 
* 
| Py * . 
+4 9 . f 4 ; 
ce always: f 
* 3 1 * — : * of - 
be g. 4 STS jw , 4 ® : 
| mg. to- the Wife 
44 . * my — + 9 * 
* * # A * — + . 4 £8 
- 
Xx - 


e | cb ene 
ugh nerf hit tw 7 n 
egg ; the 


wt 127855 a i 1 | 
7 8 the 15608 5 
777 bar, Stute, 2 875 667. 


bs 1 8 OI 4 07 
585 uf heb 


0 ny — 


#3 


a 4656, for | " 

| 77 15 ae NE e 6f tother 

1 Ie: 5 5 1 boy beer 125 : 
eKeirs t 2 | 
kirk bc align — ome: 65 80 ert tg 


3 


e 3 7550 


2 


| in a fum Hide! "op ven 67 ped. 3 
7c 125 ok ee 5 5 * 
Ina contin” droge fe m 
11 * filling heirs of wort 5 th 
be forridewinß te che wife's He — Fees hg 
the Marriage having been tdiffbly he Gear 0 
ſhe havi left a child ils, ; which IN 7 — oh 
dh Lot found at even Aſtet ae h J; 
thechulband wit fiat of. hEfdm in che tochery Sher 


atrthevrife a ard Her cee we, him; 
ned t and to" empleo and 
33 


r 


E E A | to 


— 
hed , 


3 


2 


2 
7 


199 bum 


ins, 159 75 
18 all 


17 — the equal half thereof, with 4 | 


5 2 a Ne A - 707, 


1 — i bu daughter's ae If | 
e fk e 2 5 hi 
| . the wiße s beirs and af- 


5 e 


| 45 5 bi ; 
= x 


BED SEEEES ST. 


avg 


* 1 A A 


6 


lin „ nnn, AH Bee Ayia I þf 
TE nbc be np i 1 be beinen, K 


g sb ve: 1. 


thee; Ebutt 
PQorihfchtod' Cu- 
| e marrihgohihin 
| 906 betfely ahi Bus ha g Ude, „„ 
_— {7A abe %, $4119 n 
* Nailtng}! n the- eim dne, 5 

Nog long tü thewife; And that f bande 
ict! Tiles, tad! neten al eter 
1 at #/ eontritt; Of ihe tang le 
: 2 4,4 087 ee re take nett7to!litngibif 
aua er ind Wiſe en con be auch difbrent, 
3 eden deen eee 
Holo apbne att herd pfeaſhré alf 
E 8 — —-— 
to be far of ce baff bf che Cong 72 whjchuvas Hin- 
Ferret möt Vnby frem K of diipdihl But alſo 
: becauſe x ner ö 


june 16) 6; EurbDunfermbine, 
2 Vos 2 pert on 1 70 wa 


4 c buaNad, Sila 222607; 
"i de phy. Bb renin. TAKES Ai 


5 rnd vas dl 1 TH er 4541165 2 [26456 ut. mew 8 


fade 16.2 father mn bicuabutatifby 
bd! Ao her WO 


Teer 8 
ee 


E "Ba; 10 
5 — an * 


SN td ad 1 

4 father and his ſon, and. tongen — 7 
ad tee ue A ae 

wierd angles 

teindy og Tb i 

nnd ives: — 


a 
Be em ade 


4 de oe 


ek 5 3 


wacre Rodtabenife ing moved at the 
en eisſtan cer efiee * . . for ſdge by- 
ee nigh 2 


217 5 15 bis 


ok 8 =T en 34 1 5 


6 weves BAS: debe. 
% mother Hot ahnt ee 90 ary N dab. 
the tack equally from their entry ther 


. 
nN U ατ, D abe eee e ob / 
r e 10990 marks 3Þ-his Jenn aer who was mare 
jnied;; und the ;hajens, ge be prpcgeated f he?" bi 
hich ſailisgs to her heirs; the Lords found, 
Tbat the fhe-of tu Nhole 1060 merks belohgeeerbe 
Mather, the, bairn ant being prosreated at tur . 
Marenst“ K lay: pet vibe if & 
vil ER USE, ia theſe terms, eien the hui, 
nehαν,νν , Ant,, il) 5, 15580 
— ding Wide, marriage in Joe: 5 Bath: ether 
makes the huſband ' far, and the heirs — 3 | 


bios, Se. Okla 
ed Haig ib een wd W Finn 
vigas ſum in name of thcher, RK, bound 
Hit cehf tp d νν te it; a whale (-s 
himſpif and bs wife in liferams aud ven und ee, and 
180 Abe children tbr marr marriage we ;and the hub | 
and having hers tor uſſuned the tocher; the Lore 
in \@Wwivfoh idm fa {Id 


— iR. 12 100% 2 7 20 119 I e | 
1 BOND wax conceive Ne {Homays.-: on 
Beg und bis:ſypoule in piu Rl 

de dhe eee 25 : 

| FRY ip 12 Bas - 


8 — 


=_ 41 14 IR. 
tained a proc 2 | 
Wunden 'wa | 
rer Beg SES ; They. 


Father" 4 
17 75 En 


e cools ip_aha he 
ER: mats 


Fa 4, bis IL g. vs 
282 125 | = 7 85 
1 "ul IOW 1 4 of Weich WW Fe nh ; 
1 7 to {ob alk 5 2 252 ww 


* 1 
7 Is 


5 8 vt 


11 225 ba 1 
15 to His ſon yt 4: | 


ff the marriage :. 
ferent: * NN jan Gy 
bn WAs 2 to 1 5 
'dinſohs ſpoſi poſitive dale 
Her gontre 8 of marriage, i favor: of 
Kfer ir e heirs of the marriage 


Reirs on t 
n heits 
its, v 


| nite 


Ng Sh 2 
ele ww Fore ko TEE Heirs or aſſi 
; it Nov: 55 70 - var 


15 55 to a, heirs Wr rt 
ſound d make the 5 

o'infeſt; and this prochtatt 
bim and 1 in egtjung fee and 


y of 
N warri age — fre; 18 70 


itors 2 gray 


he te 8 
in N 155 


Matic — _ 


recep 
15 0 7 5 
r ee 9 5 
27 1205 
pf"the. fi 1 


'Gar; 


ERIE "to, 


7 pr IC - 
of SA = 


A Uferent; and by: ng 

| either by re 225 

bs Kg es fn Fas 
Fig be 


1 * 
er huſband id 
in fee; which 


92585 Weener ; 
# © i. 


gration tc 


9 1 


any mention 85 
to oe 255 | 


= 


n 


with abe conttn &. Set — — 
eth marniage, 3 of cher, henthein 
or aſſigneas 3 


the biin ta bea 
 -Daked liferenter, and-:3bg Jainds arg ah. ad 
Jadication for:his. debe. Fon. z Marc meg, 
_ iFrafſes,—— A man granted band for = dert 
a. bearing: annuairens,. payable 1 his ſiſtir and bur 
 [buſband in dieren and eobjunif-fee,: for. chair liferonc) 
_ uſe alle narf. and 16 the hrics and bairqs pr tel 
or to be procraated /bet e int hem in fee;-which failing, 
ta the longeſt li rer of- n their heirs 220 
with this condition; and p 5 
ſhevid, . hein the po of either of hows wptk 
- :09tchhe:ſpecial.adVies an conſent of tryſices named 
Pond the Lords Cound, That the fee of the Taki 
| principal ſum.did not belong to the ha{band, avdthit 
ik was, ent : affedtabſe ar Forbes MS. 
1 Junz.1544, bre dhe of — [difpaſuacs, 
for dend favor, of: 3 bonſes to. Roben 
\Freg in lieren and 40 che bewe:lawfully. mo be þ 
bed of his badyrin fees wb Hd : torreſolve im 
fee in favors of Robent-Erbg; who wes ee Lov 
-ingitied>2a; fell; the - -ſubje&t:for : deb 
st BOND oo +ahildren nf Robert Frogs; 


„ hat,neichers that U 1. nd. 
9 4 ben who: = 3 „erf bid 
aren;. j+ cbtors,: ' any Mg Sage... —1 
; „ thereaf,; CGosf. if. Jan. $0 73 Ara: 
e ee Frags Worte d 1 t 
* 


"4 5 | n in 
bete hin eat, to: Will . d. 
children asl, Janet dyiag. Wilen e 


. 


— * e\arorofaen de. 1 N 88 5 oy 
- -enlg | or 
pcm o — 3 10 9 * 


* 


of 8 > heirs, 
of Lt : 
ceſſion to the revellign 1765: 20g the, eſtate at 
gowwas ſurveyed. by the Exc ner, as to vhat - hg wa 
intereſted ig by the leaſe. ins Bade wt Ache 
Counteſs, who ſutyined her bn N 
| ught by Ld, Boyd — . 
C a by her fringe, was int i 
and — — — right deſcended to the clainaant 'a3 bet. 
fentgtive, It was anſwered in behalf of this E N | 
ds bathe fans ths of the leaſe, and the wife On 7 
Jy liferentrir/ in eaſe of her ſurvivance ;; that it 1 ar: i 
tachable by the huſband's creditors, and 4 TS | 
forſeized ro the Crown by the huſband's. artaindgr.c..*, 
- Inhe;pteading, the point chielly iniiltes on by the 
hog advocate was, That pi ty cannot be ia. 
dente: Phat either theduſbagd or wife mut ave bee 
proprietor the moment the leaſe was exgeuted:: An 
if it was in the huſband, it could got po ther 
| hiv wife, merely by her ſur Vivan. Wen 
was. adviſęd, Elchies obferved, ther M 
a fee. being n eee 5s, not applit 
2 —— leaſe, the? made re by 
Hos ſpeceſſors, is but a perſe nan cor 
b effec, pn 


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a 218 . 0 : 3 7 
ee em 
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it 


lei 


* 


2. 


on, 


4 | FIAR ester, nurn 


marrying an and 
found:the-d 

2 deed 99 — of the brothers fs 
9 upon the head / ge 
did not determine how far ber x 
deeds wobld affe the fee,” WE, his 
— 688, Büren rin, 


dne ſon, 
| a of his-e Ke in favor of Ada 


male of his bo e eh l ro his ap hier 


Jean, &c filing, 40 the heirs-female''s 75 i 
ſors: body, — with Wi proviſion, 160 That n 
4 the heirs of email ſhould have- A vere, 19 0 
«. point the oourſe of fueecc ſſion, by contract 
« unneceſſarily, or by making deeds, or N 
„ in prejudlice thereof.” After the fatber's geath;/ A- 
dam, the ſon, Ia his marriage-contra, made a new 
ert of: rhe ada lar threw her prefer re E 
emale of the marxiage to hi is: ſiſter Jean, and he 
And he alſo dying; enthowk gal, ine gampari ay 
betwixt. his c ldeſt,dapghter Marz, who glaimed the e. 
Rate upon this, ſeitlement, and ber appt Jeang/who 
claimed it upon che [ the Lands found, ;; 
| A Craik cguld not, in hie conzrae of marriage, ef 


the ſuc 
ferab)y.to bas.Gfter. - Mary. hare.ucged 15 3 0 
te contract of marriage: ther ob e om 
Was, That however, — with 
and. wife, iti merely facht Wi 2 2 7 
hay ot Darn n 
. 7 ge ae be 9 15 
2 ( heirs · ma of the marriage, but 40, 
— 4 aut adden mee. e ker. 1755 


pi. 41-1 223 E ifion trends 0 Capes 44 


N I IND. of . in cafe, 2257 12. aver. the 72 
ſhould return to. his bac, and A 
ation, gr ether-rights in 
auſe. was found, 10 imp: E nb 
0 itogs;deed 
them Wo uplift wal 1 


and g be b md Ch 


. in favar of his 1 pre. 


1 * » "s 
. * 


de Sond £6/-hip: ns — 
gratuitous bon n 5 m 

nd providing. That ii 2 —— 2 
« without, ber- ol his, I Ws the . be 


FIAR' ABSOLUTE," 


2 L. e wick 


wy ee. l ſullaiaed at the 

| und, That clatifes;,of.y] 

ind, 4 vp the gent wei, agning,. for neceſſary 
Home Jan, + Falooner, 28, 


rg Stra han . a bond of provi | 
granted tota daughter and her heire, bore 2 
/ioriees, yet the Lords found That ſhe was nottherc- 
dy precluded from aſſigning the ſame to her huſbam 
1 — 8 of e Bogen 7 Dec. 11% 
1 87 9 ef 4 
"A'S 808 Dy payable to the. credizer "a6 cerigin heirs 
bf tailzie, ebntained this clauſe, Thar: 1, 2:5 Wit 
t ſhould not be lawful for the debtor. 0 |  Prodibition, 
ale paxmint; without conſent of one of i wall” 
be heirs e 'tailzie" therein mentioned . without con- 
dayment havg been made to the cre, Hu 4 
itor, witkont this hew's con ſent ; he Tr en 
orgs found! the” fame - pawarrantable ute „ 
jad been done by authority af a judge; and. 
aingd the debtor to renew the bond. 
a 8, n r prejedice- to. the; crete to de- 


a for 1 
* wy 'Feba dete 
AN u dee. as 19 0 

rand 0 ng the heirs: _—_— PAS Uk 0 | 


ich fl "the. heirs: Ss Garry; A 4 . 


eee runter neareſt hirn 
5d aflliyndes.) A ifpaſtion by the: woe eg, 
n favor of Me ſißer Urerine, /upor the-nafrative, /? 


it] 5 453 , (18114390 2 1 8 2 


the! fore 


* - — 


* * 


9 —_— 8 8 * p 
* * P 0 * 
mY 2 
— 1 
: — — 
5 


| AK erbauen 


6 F 1 in Here A aver | | denraley: to 
| Bkſabetd Nairke: dis eise Tawghirb#; as; tho dein 
== which falke 0 ana Nane, ür te 


S Ad x 
per- to alter at to diſpoſe of the lunds. &. A 
ergtin dis Hd daughter's contract of m 
mo former feitlement was repeated, the — a 
faculty renbunerd; und the following Thoſe undes, 


Thattheeldeſ Neir-FewaleNioul@foccevd iche ar 


At huſband «of Ekfabeth;" the edel 
cal Bound tw» feſtyia Nis e 
the one Half, in hu bf the frid Ni uf railfes F 
qseſt oa Sceurring here, Whether this n nor ſd fil 
 Witdited taihzle, IMiberh and her buſtand e 

ee 

ett am pre 

odkd fir? le was found; That Nimbeth was! 
Mart: Utter — rn — 
getz ng ſhe diſponed* GY 
Burbufs, Her mird iſter Tat the fore Burbat® hel 
Abe e het ume. 3 atem A- 
N ee of Reventon, <Ereditby 
| 1 


— — Tales of Fo" 
2 e e 


e e Joſh 
D 
— 


8 1e ok Jeg dau —— 
— Kgantiön of her Mare to Wer rok 
ng che mar Mage, wind dying wither iH Al 
queſtion occurred betwitt the hübzöd of the abobad| 
ande moe apart 


+ to 


1 


85 fubſtitution thereim gti duſtaned iebe: 


1 of ners th * 

Mutual ſub- extend ab 
Haien died beforectbavugecs winzwriage wank 
_mongiichths> erueiſ to the) ſulvivdrgoandionecef why 
drem obo · ſiſteta fo decenfitig, und ledving ber. 
Saritimpiies in — — Fhat tbe 
ame 8 could not · diſpo gia e 
ders bond, in vpe the: end 
cvᷣi mia 


fur ns ebncetned hen alimen t entertumment,/ expewc 
of :ficknef1and furierials, and expdnee'o#'tomfirmas 
tion laid out bythe legatary. iHome,n i » * 
1684 Ilitek john. The Lr Newark h InR ade 
a hond of proviſion to tis fix'tavghters;} payable at 
their reſpeftivetages I fifteen! years,” and c thecheind 
of their- — _ 'the- ſtares of fuck as flood u 
wit hont he i im ody. vo — — the-ſervivin 
Miers; -one\of the filters .pMgacd ber tes her 
mother ed, ive : tion between the) metde} 
and the reſt of tho Gſters; it was al led ed: fon tis · fiori 
Fhatithe!ſobſticytion imported; that the deecafedronb]l 


gy uin, ! feing their rn 


1 4 


aal hd the father!. confidered'rhat-they mip 
bentr/6-by>hazard: of. the fabſtitmrion; abe. hör da fob 
ebe 


tained gravorratie> — 
i 161 g*+Bobdo1 68945 tLaly / 


ewaiße teney· for thei — — — — 
ir detter living, 
— — cus K e of her 2 
— dae ene 
doc in ſutiuſacti en portien mul or whatelk 
— obain by tris druthy d chu; the poociet 
. happening ate Se wichourth 6irb'of 
2 bye barber ra 
ikdoettdavingeos 


| — — 

dk 80g pov t e he their; out of ti hatefal fed 
offices und ſervites re fromnohingbubke 

ds ound That he mig pee of - — — 

nan 
t T4] #7? 

Smith and 'Whiacy, i: to 280 —— 22 

1 tc E 39 23 * 1934878 od 01 116391 03 (yah 


= 341 , 


AR ARSOLUTE, LIMITED: 19 
A BOND need money! bring taken to the 
— — Nene 
uud this pr ourfion Trat Chanſerof oe? 
ten he Con-dhould die withoue turn: andvo 
hears of his body; tbe ſum ian e im i wil 
turm o — — — i 

Londs xt thi was nova rid 
1 ——— doopfithe nature of ſy oer. 
2 cotdivion,; biechethe fon o he Pt? 

+ not fruſttate by any voluntary dee · vichout am 
aer 722 bauſe.- Fals! week 18855 
allege of — — 120 $1, lee 5 

A THE 10 nt 8 
— ig batten 2— Denn 6 
im a tack, with provifian, I That if> 104, tn Cd; 
the fon mould fie « avafrewnd Ahe: bout bout,” and '« 

{ſun andhitack> ſhould retrend to> dhe abetlewſe 

father and: his heir malt but if this e e 
ſhould: dereaſe within! , and urs . 
daß * but witdodry © „rens 
i heirs-of hi bddy it ſhould equally; divide: bes 
wirt his 8 and ſiſtens i be Lone ound; 
nat the ſum and tack- might» he rmpriſei from the 

ROY on ba- norwntanding: | 


on 
Kondition ab hz, =_ Cont. 
4.80 of his righe+of /dEninion, 


t / prejudiee tbe: fon 

u he might have diſponedit he ub ο i : 
— from him by hisereditorso” New. 
rh 5e Feb. 5566, LM. TIIIHISq uh 
er having): - bond f provifionr ter nn 
aughter and the heirs: of her body, 7 which 2 | 
— — ber brethren and nephesri 4 

a grant · pant of is tu return tu biaiſe 

Lion between gratuitous.affipnee from: wr . 
6 — — andthe heirs of tailtie; it n argued, 
Tant the ſubſtitution -implies'a- probibition up the 


ditan dodo no merely —— to ena 
ic tadlzie; the- Lord gratuitous uſſi 
— — 2 June June 169. See wut. ac 


; grado hid dangbters bonds of 
payable to them, and the heirs of hun bWlesy/ dhick 
ailing, to return to the * the nr 


242 FrARmTBROLYFSndd Mi THO 
here was foungrgooperaty ches fan, That the dnn. 
ters could. not, gyat V F 
Stuir, ny. 39 lane 16790508 . 1 
los. bond of proyifiap.. ata tt 
party, dying unmarrieg. the ſum Jbeoulf} return ; and 
haying,gied, unmsrrted. by havin 
debt before, her death. itim 8. , e 
Lords.redvced: the — 29d. nn icht 
— could Te :Pluntary L 
nazion in /prejudige, ff; raner Wer Handy 
Bens A eee 
83, Scott.. Ir CY 
4 OHARGE. on 9 hood, bring ieee. on, Ah 
| Me 0B, ; 
pi: 1 "a ie foie 


e aon 
Fin DER T et ee gba now n . 
tion ound.o At 

terme; the Lcd Tua That e, —— 
far. borrowed, money, ad the-ſubſtitu ian; merely gra 
tui qus, the creditor} might pplift: and diſpoſe on ih 
Maney a. his, "ay" Fount. , Stair, 16. 
— Murrag. T The, like. Durie, | 


| his gere hat for. an aperaus cane, wi dio pang 
3 — if, ſhe ſhguld deceaſe unmarried, eg | 
+ retnnn the — — ; and ſhe Ravi 7 
and then unmarried : 'Loeds,in 
with ; — 2 fou e al fl 
to the aligns for! the, ſum. ,; 3 . Feb. 16638 ' 
TAR c 


4 WIT 2a b 234; 910 


ART of 23 


away. © ta the hein of a 
ee „ and che. hair of, — wg 


45 fe falling. tor rn ta che right; A. 
nr * the family of Dautzlas s j} denen 
nt rd „That this aſtate 8 o 

17, alienated- in prejudice. af the clauſe of -ronrp, ri 
— we That berg the Propnietor... mas giving 
ay an eſtate frogn his feccefdorytor;a ſporial "ep 
which this reaſonahls condition itimpled, Ther ub t 
e wat an Whig ſalſertbabcicſhauldh © back: 


n | | | th 


FIAK A560 E, HITTED. r 


elite. ff. Fei, % 5, Duke. of Dot NE) 
pprietor havik ſettlec h 34 kftate upon his ſon and 
ir, and the Bei aſe of His body; which fahin nog, 
return to hichſeff? hi was found to be à ſiinp 
ſtination, altera at pleaſure of any of the ſubſti- 
est For here Moor being it favor” of the 
n's hers, nothing” ann to 
int 1. of + 0 9 
ome, 26, Jan. 1726, Marhbis' of Ciydeſdaſe. 
HUSB eee geo e 
arriage, to add 2c<0 therks of his 50 
4 merks, ſtipulated by the wife: =_ 1 
ther in name of tother; and to employ clauſe of re- 
e ſame to him and her in conjunet fee torn," of bv" 
d 8 ferent, and to the bert of the bY W 
85 is Hen falling, 1x000'merks * 1 
belong to The Wife, and her heirs, 
47 to A oy and rec emple 0 hides on n 
bod merk o Ptscher at the Agät of “ 8 Sen 
His wite's ficher it fel oüt that the Wife died, 
: with E only « daughter, wh died allo defore tbe haf 
of a fuit at the huſbani | 
0 10-Taw for the tocher; the L 
d Het heirs,” to be Heirs '6f pro e 
1d ecernec the tocher te be be Paid fo the hufband, 
june · far thereof; but ordained the Huſband td re. 
ploy the fame fr terins of the cotra& df murriage . or 
| Unt he bez but a qualified ffar. 


751 ' { Contra of 16. NON 1697; Schaw:® 
IN a bond of lac AR . a'tlanfe of = 
ce.there was noe ation to re-employ, che 
af was Found pa Fable bro Ye pee? got And 
F caution'ts fe are y. ee 
Libris of preference, again vitous dif | 
Vor aſſignation 2 bappe 
sf. 4. July 671, . - 270 1 ' father's bong * 
fo vifion to His daupkter, it — Ipecially provic — 
That in cafe ſhe fhoüld die without heirs of her bo 


dy, and vomarried; the form ſhouTd"returh'to the A. 
mily;“ the Lords bund, Thit ſhe Rad right a as 


the ſum after Her father deteaſe; und was 1 
bund W employ: H E 
( Bond: 


42 IIS 


r 
a. "aw 


— — 
— — SI 

8 —— 
& 


_— — 


3 FRO 4 S 2 a 2 = 2 
EF — , 5 __—_—_ es 3% . 
5 : : 
— —— — . wed . . —_— = 


—— — —— 


„ | HARAABSOLUTE, LIMIERD, 


(fend) Home, Feh- 1682, 'Fraſes. —— A'-fatNer 
Raving, granted a bond of proviſion to his. daugh ghtet, 
For lobe and favor, and for her porti . 

N payable after his deceaſe, With this 'clau 
* That i in eaſe ſhe died without heirs of her body, the 
oc ' ſame ſhould return to the * and ſbe boy 
ned the bond for onerous ravſes, when ſhe wal 

old; and having no children, the allignee, in her 3 
was found: intitled tq uplift the Lim, without | 


12887828 


= 
| caution to re · emplo 75 Fond! 12. ere 24. June cr 


71707, M. Dougal.— Alkxander Irvine of Drum. grang t 
ed bonds of proxiſion to his two younger daughters, 
8ovo mer ks to each, payable at their age of ſixteen years 
and in caſe of the deceaſe of either before marriage, or by 
before the age of ſixteen years, then 2009 merks of the 
,*-:the portion of the deceas'd ſiſter to fall to the ſus; W's 
10 vlvor, and the remainder to the ſaid Alexander Irs 
« vine and his heirs.” After their father's deceaſe, 
both ofithem bein paſt ſixteen, Vert ivfiſted againſt 
their brother for their ſeveral; proviſions ;, for, whom 
it was alledged, That they could not have acceſs to 
the aid proviſions,” without giving ſecurity to re-ems 
ploy, in favor of the · defender, 6009 merks of the ſum 
gat io them, in the event of the deceaſe of either 
ore marriage; the Lords found, That the put ſu. 
ers ought either tore: emplay their portions in terms of 
their bonds of proviſion, at the fight of the Ordinary a 2 


the bills for the time, or. at their option, before er- gr 


tract, to give bond to repay: to the defender and hi . 
heirs- of raĩlzie, ſuch part of their portions as by their en 


bonds of proviſion are provided ro return, in caſe" bf 7 
their deceaſe uninarried, provided only they Ye. 1 us 
much free-eſtate over nd. above the payment of x 28 my 


debts. 29. Dee. 1525, Irvines. N 
Tother 'A HUSBAND. to hou the zo&hl oh 
FY a1 i- was Payable by the wife's ether; ti 
Fa 10 7 off ibs employed with as. much ef his. dun ban 
. 9, 477 upon bond; to the. huſband and wift, en 
Fg, 7 and the theirs: of the marriage, ert 
Jar ber a7 Fw , in G with conſent of his Wife, align» de 
71 =: 222 — a ſanze'to a creditor, it was found, def 
er 9p "TINGS eG tot 
A? 24 2 


FIAR: ABSOLUTE; HIMEDBD 227 
the tocher to the buſbarids efethitors, nor'to any / 
ther N than tolde laid out. ĩa 'terms of the conv 
3 tho it was a Hor the purſver, 
A had been empleyed- in terms of the 
/the Huſband would be far, and might apply 
the fine for piymint of Ries on debts; and that no 
more was done in the prefent caſe. orie, 2d. Nov. 
* Jogan. in alſimilar eaſe, where the tocher 
ſted by the huſband's creditor, che Lords de- 
dig the :forthcomipg, vpon the creditor's finding 

eavrion ſto make the lifercnt eſfectual to the wife, and 
che · fee to he childreß of the marriage: But avoided 
determining, if the fee of the/ſubject could be evided 
by the huſband's ereditors in prejudice of the heir 0 
the marriage. For the arveſter's debt being ſmall, ir 
might poſſibly- be paid by the annualrents ot the ſum 
xreſieg, before the © hoſband's dedeaſez in which event, 
there would be no occaſion for the queſtion. Qut ie; 
28. June 7637, Galbraith But thereaſter the 
Lords found the tocher wight'be evicted, by the buſ- 
band's creditors, upon finding- ſecurity: for che wife's 
liferent, without regard to the heirs of the marriage; 
becauſe, they being but heirs of proviſion, cannot 
compete with creditors. Ten. 23. . 1703s fie 
| asd creditors ot Chalmers. deaf 
as IN a contract of marriage, a wifes, on ber parts 
.y op contracted 4c000 merks, que to her by bond. and- af- 
Ser ſigned the ſame to ber huſband; who, on the other 
| hy part, became bound to add icco *merks of his own; 
dei and ſecure rhe lite rent of the whole to his wife. The 
t boſband having died without implementing his part 
of the cantrac; in a c N about the -tocher; 
which ſtqad out unupli betwixt the relict and a 
editor of the deceaſed d, it was pled for her, That 
tbe cocher was deſtined, by the contract +, — 9 
te o be laid out for liferent uſe. 3 
en bands obligation; to employ-the — Rhoda 
Ain rent uſe, was, but perſonal, and Ad e not limit the prd- 


hai berty, which. was bſolntdly conveyed: to him the 
gu- tion in the contra of Warrigge, w any 
und, dog or · burden j and the ion 40/tbe'rocher, Ws 


pay 1 nn o bedarf but of the war- 
; the ; 1 iage. 


— 
— 


— <a” * 
—— tne 2 eo 
—— 


: — - py 
: 882 w_— 
F et > AR wa... 4 — 
— 245 — 


— 


el 2 
— 


. 1 
1 
. 
1 


3 p 
222 po ESE. 


— — 2 


4 
gen va Sell 4 hint, e My 1x5 Of 
— 4 8 — abRrutian ins bondgeaangd 
a father to his two daughivod 
A way, married: at "heat 
105 it vis * pf ba band. unden a probi bitian u. 
en, except in Fogrirah. of tnsrriaga, could not la 
fiGppointed br. the married; daughter's general Uiſ- 
brings in . png a amopere bo of; marriage, vf. all 


— 0 IE gs — — - = OD 
* rr * — — ng — 
— — 


— — — * 


— 11 — * 
: — IEC et 
2 - — — ILY AY — — — — 
—— — — — — — — — 
* 


Ire 


— bd — 


tage Required, x nor ior, gratuitous lieg Mp: 

0 op . Anſbvog, . NU Reue, 1 
5 | cs LETS ROT SPLINE bys £0Jb0 
i  (aſtieution, in a. ſettlment made 
| — free (0 Pogue of their bodies) 


. A9,eapxels probjbition, ook to adtiorpre- 
E e order ot ſucceſſion, doth not har alieugtiad ins 
Tu o*, 


Brow 26 


— i RE 
CP SS» — — — 


wee Faru Soll A. IA :p. 46 0 War 


Ad 515 e e i t 212456 0 


2 cage Gans Gaaple: ſahillꝭ 


— — — — ras. 


vi 20 2 a * 


r ede 


8 ir e : 
$96 146 £14 oe n * A 1e | 


81 


. .4Jdo . Jaws 1D. — e ba 
. n — a firſt-inftizute, to ſell. 2 
any other deed,. :wherydy 
int n Was found te imply h W 
Mbitienge Mende counle of-fucceiivn. Fan eats 
NL ern g. „ + - 0 
-giAs? e Apen Pad bis bd. his 
ters; + &-prohbthitivn ti eontract ö 
abt 53-206 *. who bad no is, baving. 
hkewiſe granted a deeds obliging himfelf'ro "take ses 
grattitous-or voluntary alienstion im projudite df Bis 
dent beirs 5\tbeſs limitations were ot found 
to exclude an additional proviſieir-afieewards 
by him to his wife. Fac. Co v. The f. r. 
Feb. 14. 1 758. 
"The 0 Gl mocnber ofing entail Be cba, is. Kot | 
bound by: the reſtrictions {aid on of —_ Fas. 
Col. v. H. p. 177. r eb 2 
A PERSONAL »boud bearing an exe "i 
| 1 Fac. Col. J. 


anted 
Neil: 


2 nne 1 5 


— * Dunbar Ear = 
Jai r Douglas Dovglas; 
tutars, the ſallowig point were dete 7 4448 _— 
AOR Toff a elauſe o retarn 00 * kranter, 
8 12 fmily fettlemenm.. 3 „ lee 
. 
Ons in ent zettiements, 2 : 
ive auney ative phifetipion? the eſtate ber | 


Fe 
Mor, I 


cienk 


— * 
2 — — — — — — - 
Lot pps G7 — IEArer  * 95 vom, — — — < 
— — —— « — 2 . _ 
OT 2 - = by x = — 8 


— — un a ths — — I 


— 2 ea taza 
* r 


g 


— —— — — — — A es — 


U 


Ses executed 


"kv they 


on Did cherries, which as more KA. + 
evi at, w * 

| 2 Tt, if he had ſold it for lefs, ſhe would, 1 
- alaimed-the Hars3 and therefore, 895 
in; v7 rs Fount.. 20. Fang . Hh. 5 Aue 
— BU. aher in a. Bmilar 1 bay. 
the current prices muſt be the vale: und | that 4” 


deere TEA, rT 


ces can 


a cannot ao 7 


8 . ws ad — a> Aa 


why pL naming te 
i cha ever the be ahened?. 12 erſo 


Ninself in fayor, of his n hejr ? | 
220 AS $6 abet Su e vide TY Gren ' e 
Duke of Hamilton, Sc 9. Ogc: 1767 „% boyinna F 
NE regard u progifien in favor <A bel X ob t 
en them Tor: „ eee 1 
xs he e gg Fr bs 200; eee 0 - 
510 n | N ef] 55 
1 BE A BR 8 of the Year, . 
lee nen, bf "oak 


Dpa ac-" 


ny ., Bars, nagt N 
them tn deliver their farm; t, they were 01 
liable for the fiars, if they made offer of their farm jo 
their maſter hy inſtrument, and kept it for him as long 
could 2 . they "March it. «6 
: ter price. Harcus, Samsas. arch 1 on 
— * "_ Feng e tor 
ty; t ds fou r obli to ac 
Lan of — — Foy the price of t the victual 7 155 
rent lands, intromitted wich by the fiar, as Be 
- andard price, known. and acknowled . cp lore a 
or 1 #4. 


are only to be taken, when no other can b 
i &f-thq real value. "Op 0754 | 


— — — — — 
2 == = === - 2 & - 
>. — — 2 —_— wy * * > TER. * * 0 - * — 
5 — - — — - —_— PY © 2 2 —_— — 
E 122 - X , — — — — — —— — 1 — 23 e = — 
V r 2 2 — I: — 3 * — — — — * — — — : — — — 8 ——— L * . as... a 2 
= 6 < tn Bos = W - P y_ - — 2” S * 2 > _—_— — — — — 2 5 — Sa _- — 
— ** — _ — — 5 — — —— — — — — — 3 — _ 5 - — 2 * * 
# y — 4 5 wr. „ ? - * — —— — — — 8 — 8 . —— —ͤê — — X85 3 
— — — — — — — 2 - » 2 _ - > — — — : — = 


þ Mey 


cn 


—  — — 


— __ - — ot 


— - 


— 


2 


2 — 


OY 


— — _— — 
3 
— —³² 
Dre — 


— + —_ —— 
r 


— — — 


————— 


FE 


— — — 
Ss - 
-* . 
* 


— —— wh 


— . . ]˙ 1X ²˙ ¼mA ˙ Ge 7» 04/4 
F a rn ED —— ane dates ene. 


— 
—_ 3 


94S. 


1 


——— — 


rer el 8.4% 8 
.F b h ne 


teaſe, excepting wha | | 


her: . 0 125 encfit 0 4 Ja 
e I 1 5 ch 
th bobs 555 0 Ns in 1 * 
| E Es hich fy 
£ 1 of N ber 1 

| 1 n 


d 


pay 
| = hat © 


5 Re 15 5 
"ED | 1 1 7255 5 dr +, 16+ ria! 
1 14 I "al > ca. Lo 2 * 4d 
: 1 — 5 r ond 1 1 Xe TR 10 
} pat if 1 8 nel Fj r 
20 0 th 1 0 1 25 
5 n 
3 10 ee 15 e e 
elves t pot! er, Wi b conſent” tt ;t 


ing thats he 1 70 4 ici thers fo The. 
2 h CY 41 19108; Een 
W 1 
- $0@.Fenung e 
ples of the” eBrif 
Hs an 9 


T5 EE SSW. 8 FTSE 


2 


— 
S 


, z * 
8 * - 
. ' 0 v 4 
24 5 
* - 


ron Mr vage. T 


ith 27 ee 
| F bon, e 


1 


at —_— in 


th paring achnore 


e 0 


F-OIRIPAT WARE © 


hey mother's Aft Ad r o bebop 1 
_—— M $1 ,>012+ beiti Joly 15qut g in 


1A 'PARFTY}: the ſurtivancy ofis tacks! 
72 on ee ray 5 chen . 
bs 4 flew n dne le 


ici Hitec 
een eee 
r. 2 
fackſ dus, 4p hy oftatit cee 
Reer e 25 
A an 

—— aadHof 8 in 2 wes 0 


ofeftrinfit phſt che pie eel, viteel L or 
Dip ere df feen, A Sande uit 
: 3 


—.— 
pity "NP iid even 2 — E. 


* ee oo” 
giv i poſton deu 5 


n 
9 


= = Ne Nat — 


Opn] e aer 


SAN SSA 


1 


aue e er e 
— — eren 


+ 2 the. was keps * till W * 


8 9834 


bm © os 
| ES 2 Hadith Rreafrinenr, i died not 


Sine. 


ubd 
1 
ow 
ad 
G guar Fee 2 Tee 
fits ofthe Faperien. yp to. ue , 
we i onal Gag 8 


ELLE 


e fonte ture was gi 
— the donatory of — and the re 


prefergedhiths xlonetorysbeguyſs the ars | 
twin — ;{$ho; = {ho a! = Br 
arreſte ry that .de confiftatian of 2 


only te quivs laat oto e . 
Whiedy oils: a. craditar, arreſſing | 


+1 


11 


un 


* 


ee ay . 
DO Gur! 1 Home, 

'Y SWW el, 25 t 
50 [Nis — 2 — di ug , 
he 211 1578 113 aoth.hoq 11 1921, 28W gill” 22 


0 


oo» 
4 
— 


— 


— 18 - 


2 8 =" > 89 tn © 533 


— ONE. 


"- XX] : 


1 52 


vr 
* 


„2 1 0 01-4 12 1e 5 30d ; $20 


So 12 
I fo I "t — 


marea 


== BET 70 


— = 
” 


os, Nag. 'T 
729 4 1 e eee 

| ding Jaws f cop! 4 
elled & Vu ref | Y 
. bo 25 | 


Ta 


ED Jaw, ap 
1 [ | 112 2 Fig! 
Fave 8 - fork e 


ans, * hich;,the * 


WR) oC | ents, 1 EL 


del; but the ME — be had e. cited E 
party 


1 


18.0 7 S 


{bi 
n die 
WR 7 
10 

1 


„ 
Ae OL, ö 
| 1 


not ingot ng. 0 
| 3 n which nothin 
| 5 dhe iferent, il the 2 


he Lo as in the caſe of dt 


A ad ite 10 Jo Tg 
wan Fear ht 


UNCIAUONS 


1 

4 
i 

ry / 

! 

"4 
4 

: 

ot |! 

4 
. 

+ I 
11. 
n 
* 

"BY 
* 
1 
"2 

+ WH 
Ul: 
i k 

7 
if! : 
" 1 
. 
11 
i 4 
+1 
+: 
11. 
' 
6 if 
"$I 
- 16 
1 
. 
| 
= 1 
"7 


| 
| 


— 


— — W 
— : . 
page” _ . — 
— 1 CY 
2 22 "=> — 
- 


55 4 
| on 
en | 2 0 


* n. 


1 


7 
fe 


re 4 

10 

wh 
1235 


{ 


16 he Sag 
7 uch iflue are, 8 
25 31. ff from the benefit 

izing the iſſue of ſubjecte hag 45182 


*. Seer e on ag S 1 ph NO 75 $4 
ag 8 2 


1 ] \ 5 14 855 
TEE 9 85 ; 
e Eden W 0 n *, 


1 


= 


— ——— —— — — 
= —_—_ — —— — ᷓ — 2222 - 
. * e : - 
ä 


ming. Feb. 10 
| upd to — 
iN; pr 
Fac. Cal. 1 


e 


ing the veſting ad, is liable to the creditor for the 


Grey por —— rr 


— —— a „» OC — 
* 


FORFEITURE! 


tbe lame ſubſttates 
fore ted; the a 
te a terce of the 4 Fac. C 


g 
2 
relief 


.Þ; 282. 
ON face) bf redeem 
aw of does.not 2 I ta. 


.-CAUTION 


. A | 
| tent $0 the forfeit 1 
_ forfeiture. ac, Col, L. p. 289, Ferber 


9.4756. 18 - Why mi 401 1 

* This was reverſed. on appeal, but en 4 1 
"A LOYAL neriba. from whom A e wa 
the rebellion, has no claim for tha . 
is out of the rebel's effedta e 
Crown. Fac. Col, vol. I. p. go6, Leith. July a8 1% 
THE cautioner of a forfeited. perſon, Ade K 


pence of dili ence, and of waking the, claim tn 
the ( Town. Fac, Col, v. Ig . 28. ALAN 


Feb. 23. 1759. 
THE eredissen of vaſals forfeiicd for the 2 
were not obliged, by the veſting ad, to 
a, 15 affect their debtor's ellates falling ta 
periors by the Clan- act. Fac. Col. vol. II. p. 48, 
1K une 22.1767. ; 
ISPOSITLON of a ſoperiovicy; in order to gin 
4 . upon which charter and infeftment ed, 
but. ne other delivery; found not good. againſt» the 
Crown's right by forfeiture. Fac. Col. vol. II. B+ 
Fraſer. Inf $4759 ;.5: 
A PENSION granted to an agent for life, and hit 
he ſhould continue to ad faithfully; to his conſtieues 
found not to be vacated by the granter's. forfeituns 
Fae. Col. vol. II. p. 61, Fraſer. July 6. #75 7. 
IN claims upon forfeited eſtates for of 


i Ji 4k a a7 


— pod = 


_ . —— 


. Fre ot 
8 ae > eg 9 Achse g C DR n 


EE oat pot! perm 


——. enwatDods Þ wage eee e 
aft» deren nd. — 05 n De 


les [3&0 * "po B : 


A r. 5 20 te — _ 


Fotrmwyof: the Jaw of Scotland W548 
rtjes Wha 


re writs executed betwee 
Enna. 50 ERA PRs riss, 


«-Pulaccordipg.to. the law of. che pt, wi 


etannd an action eee 
— — * 8 "I'S © * * 1 
* s > & 24 * N _-_ * 


> 4 A pow granted in, "anpther, cc cqua For 
ormal, rr 115 e 0 
Icke 0 ce allein N 125 


e * bn * in Sake ad, io. ti 1 5 
n. 161 tun., 

Wees r Bet. Wel Doric, 5,0 

| 1530, Harper. Stairs 5+. July 4673. 


_. te 


| TAS: of Ter on by bal 

re 80 357 virtue of a 

. ords Roß rea WS 

be 15 ee e Teal of de wi 

"dep t the 1 cs 

IP ſeat the f 0 eign Ree e is . a 1 

ſuſficięent, tho' ſuch be the. Eee LY e placg Ne 

5 N ntrary th . 

* E b pion of the | dge ſul ſtaingd , 

3 Me the Us "wa; 1 by ot 
95 8 : j 


; 


in , and the repo N not b. ing Egucd by the witneſſes, 
* OL, II. D but 


F ne 2» ede 1634, "Mt 


38 FOREIGN. 


but voly. by the zudges ena minators, an the clent, Cl 


which was nevertheleſs declared; in a papaz'a-part,iby Wl ne 
the faid j to be the cuſtom of their -<ountry, and 
that there they give no more but notorial extracts, te ro 
ing nenen alſo atteſting, That they had com ;; 
pared. their teſtimonies, and found them to a ex : 2 
aQly; the Lords thought, That the addyger could net 
force them to tranſmit the principal depoſitions; and 
found that they were ſufficiently atteſted by the aſſida tit 
produced, ſo as they might fidem facere judici, and 
therefore ſuſlained them as Probate. Fount. 49. March 
1707, Cumming. | 
AN extrat of a bend from Bourdeaus, bbs bel 
buy the tabellion only, bearing, That the 
Extra@ of a party ſigned a bond inſert in his regiſter, 
zend. was ſuſtained, being ſecundum conſuetq 
FITS mdiinem loci- Auchin. { Bond) 2. More 
1667, Ld. em eee a __ Fe 
1682, Davidſon. 0 


The like with raging. to any Thing auge or 
tranſacted in another country, which cannot 
be ſubjefted to the law of Scotland, whe 
ther as to proof or effect, but will be judg- -- 
„Jed of. by the, law of the place, fo far # 
- ſounded in the jres Kian, not where mere in 4 
be, ſtatutory. 15 Seo 


IN wfvir ono a fore cign bend, the defender co alicia 
That he Rad made payment in the cob 


Payment ſu- try where the debt was contraQed, and of 


Haine pro- fered to prove the ſame by wiineſh But 
Lale ly wit- Which was ſuſtained 3 for this being i 0 
nahes. cCorcdling to the law of the place, bi! 8 
© _ reaſon to truſt the payment to that 10 1 

of evidence, ſeeing he <ould' not foreſee the credit} 4 
would be ſo unjuſt, as to make a demand in anotheW-' 
"pub HDutie, 16. Nor. 1626, Galbraith. Aach tc 


keck, (uae ge) 21, Feb. me Toon 19. Jan. #7 m 
: Chatte 


FOREIGN 35 


hatto The courrary found; and the proof by wit- 
neſſes rejected. Font,” 3. Feb. 1689, Muir. 
THE cedent's 6ath war'fond good vguinft the one. 
rons- aſfigner, the bond being ereenteccc (#1! 
in England, after the Engliſh form, aud Cedent's'6ath 
aſſigned alſo there: tho' it was argued, hf as 
That the "allignation was! according to gainſt one!" 
the Scots ſtiſe, and the debtor, che“ re- wur 
ſiding un England; as d Scorfinen, d 5 0 
knew the enftom of Scotland: r Newbyb, r 
Jove 1656, NeMo cas. 
INTROMISSION in 2 foreign coun» | 
try with a 'deceafed" Scotſman s effects, with „ 
vill not infer” the paſlive title of viti- unf move- 
ons mtromiffion.” Nicolſon, (/rtromiff- abbey 937 
m) 1. Juty 16%, Ld. Dingwalt;—— The will not infer 
L re, tho“ the porfors died in Seorland. vifions intro- 
Feb Hare. (Ar,) March 1683, Aret- N 0 
- 4 Wl diſhop of Glaſgow. 


r What if betwint Scorſmen, and” to have « ext- 
anot cation zee F | | 


he- 21. 77 

F A BOND. being ial in England wk 4 laute 
2 of regiſtration in Scotland, payment thereof Te not 
bound peobable by witneſſes, tho' ſuch proof is allo weil 
ere- in England. Stair, Gilmour, Newby, B. Dee. 1664, 
cot. =—A foreign bond, wanting the [deſignation of 
the witnefſes, was ſuſtained, being according to 1 — 
lsci, - tho“ bearing a power ta 1 
Homes r, Feb. 1724»; Jungquet la Pine. 

— 1 221. | g 9 's 7b 1-1 153 * 9 4.3 S — 
But zs the faws of 2 foreign ſtate have no 

coercive force extra ferrimmum, difigence in 

uland, upon foreign E * > repu- 

Worn law. of Scotlaudd. 


te Ai DNA „ SHIM OG n Gre 99 30 Itch 


Ia competition berwiat an: arrel- 2 25 
near and -aflignation after dhe. Eugtiſn 
ru nien requires no-intimayon; che be intimated. 


* D 2 Lords 


— 


D -&YBATORS: given to a miner in Fng)and; ere 


| ___ in. predeeeſſor expreſly. binds bis beirs 2 


feed. land, for payment of a promiſſory note, 


Ja gainſt the executors in England, it would be abſurd 
to give it a ſtronger effect when purſued in Scotland. 


the practice of England, we. follow the law of nations, 


which makes people's effects liable for payment of their 
' . debts: And therefore, pt ovided a foreign det d be habile- 


Scotland. The Lords tuſtained . proceſs. ↄgunſt the 


Heir. 12. July 1739. Kin och. Ok 4 


that it was au. the Loi ds found; this impracticable 


Eaunt. 10, January my A | 4 e'Þ 


40 FOREFGN, - 
Lande preferred the arreſt bes 

bliſhed according to'the Tore © P Rech mae e 
effectual here, yet with 4 we} all oh of diligence 


taken in Scotland, the la ws of Scotland muſt be! the 
rule. Fount. 22. July 1708, Gray 


e found ſufficientiy qualiGed to authogiſt 
Englipag < a minor in 2-purſuit carried on in get. Pou 


| c land, and che Lords refuſed to compi th. 


the minor to name curators again by the 
Jaw and form of Scotland; and yet an act of euratory is 
judicial act, and the curator has his powers from the 
judge, not. from the minor. Durie, Snotit. (Tutor) ora 
Hope, (Curators) 12. Nov. 1624. Naſwyth,,: ;;- 7 
BY the law of England, the heir is not liable to-pay 

: his predeceſſor's debts, unleſs where the 


Scotland up- well as himſelf. In a proceſs. againſt tha 
ona foreign heir, who ſucceeded to his n in Scop 


. contracted bythe predeceſſor in England, 
where he Rad long reſided and made his money; it was 
objected, That the heir was not bound in the promiſſo- 
ry note; That the /ocus contrattus muſt be the rule, andWhon' 
that, if the obligation was ſo limited as to be good on- 


It was anſwered, That whatever peculiariiy may be i in; 


Iy executed, according. to the forms of the place, ve mo! 
give it all effects that ſuch a deed can have executed in 


IN a ſuit in Scotland, upon an, Engliſt double bond 
the defender denied the ſublcription, and in ſiſted. upon 
the law of England, that the bond was not probative, 
unleſs the purſuer would prove by the wirneſſes inſer 


at this diſtance, and therefore cepeiled the aten, 


Per- 


NS diſpofition muſt atleaſt have the force of an obligation, 
. the Wood againſt the granter and his heirs, tho? it would - 3 
ct avail in a competition with a more formal righi; U. 
0 nd if ſuch a diſpobtion would produce arp in Ex + 
pound againſt the granter, to renew a more formal right. 
e mult be alſo a good ground of action in Scotland, 
ert. ing obligations, of whateber nature, executed ſecun- 
able conſuctudinem loci, are effectual in 86 n 
„„ „ TY OT HS 


FOREIGN. 41 


perſonal bord executed according to the fort 
of the place, muft be effeftoa] in Scotland 
tho? it be to diſpone ſubjecu in Scotland. 


A MUTUAL contra having been executed in Eng- 
and betwixt two brothers, whereby they became 
bound, that failing heirs, the ſurvivor ſhould enjoy the 
tther's eſtate, was found effectual, at the ſurvivor's in - 
ance, to reduce a gratuitous diſpoſition of lands grant- 

d by the deceaſed in prejudice of the contract; tho'-it 
ras pled, That the contract, being not according to the 
orms of the law of Scotland, cannot be effeQual to 
ary any land. eſtate here, in reſpect it was anſwered, . 
hat de Is a ſolid difference betwixt a deed of con- 
reyance6 and a perſonal obligation; the law of Scotland, 
s it regulates all deeds granted in Scotland, ſo ſubje&y 
veally ſituated in Scotland. muſt be governed, as to 
heir. tranſmiſſion from hand to hand, by the ſame law; 
ut an obligation executed in a foreign country, ean- 
ot be Are td by the law of Scoilan , and being once 
ffectual by the law of the place, it muſt be effectual as 


Wo every ſtipulation contained in it, whether to pay 


money or diſpone effects, Ager which the debtor, by- 
anging His place, and retiring into Scotland, does 
ot ceaſe to be bound; for change of place can found. 


o exception againſt. an obligation once habilely conſti-' 
Woted. Forbes, 5th July 1506, Cunningham. — ret 


diſpoſition of an herſtable juriſdiction in Scotland, 
ade in England, after the Engliſh form, was not ſu- 
ained, even againſt the granter, to oblige him to grant 
more formal diſpoſition ; tho? it was pled, That ſuch + 


os a 
II 


— — — 
* 
2 


yon 


—_ 
— 


| 


mand — o * 
— 1 0 m 
— nr SN; 


- ——_ * 
— ES — — — " - — 


= 


— Ao 1-4 — — ——— — le. — 
— — — —— — — = 
. 


4 . — 11 — 
— . SE. 


. EE =" x3 


42 FOREIGN. 


But .effeQs, locally i in Scotland, mull be unde 
the direction of the Scots Law, 28 well a 


perſons in Scotland; and the couveyauce 0 
22 effects muſt be in the Scots form, julſf , 
tet 
aàs much as an obligation granted in Scotland G 
to one in another country. fk 
'A SCOTSM AN abroad; animo remanendi, hed 7. 
made his teſtament, wherein he divided hi C61 
eitel. lands and moveables equally amongſi n E, 
u lject be- children; the ſame was found not effec 
queathed in al in Scotland, to carry the land- eſtat ra 


a ee. from the heir at law, tho', by the Ul 
loci, lands were teſtable. Durie, Hadi 
Dec. 1623, Henderfons. The like, with regard 
0 a legacy of an heritable bond addebted in Scot 
land. Dur ie, 3. July 1634, MelviI. 
A SCOTSMAN, born baſtard, dying in Engladd 
„ goods will fall under eſeheat to thi 
ere, king, and his donator will have rigd 
2 by a. thereto,. notwithſtanding any teſtamen 
baftard. made by the baſtard, and confirmed it 
England, and albeit that baſtards an 
- altedged: to have teflamenti fadtionem there. Hade 
1, Feb. 1611, Purves. 
. NUNCUPATIVE teſtament las no <#:4.in Scot 
5 land beyond L. 100 Scots; and this na 71 
e end for want of proof, for it would be. thifl . 
will, ſame, tho' it was offered to be proved „ due 
| the oath' of knowledge of the neareſt ol tho 
Ea; s but for this reaſon, that writ is an eſſential ſolen 
nity in the, nommation of an executor or univerſal leg 
tor, or indeed of any legator above L. ioo Scots 0 
this account, a nuncupative will made in Englane 
tho“ good by the /ex ori, was not ſuſtained to carr) 
Eee in Scotland, tho', if the moveables had been i 
England at the time, aud alter wards conveyed to 88 
land, the caſe had been more doubtful. And it vi ub! 
0 x repteded. what was Pie for the parſuer, That = Erl 
( * . * it 


* 


FOREIGN. 43 


bilia ſeguunt ar per ſonam, & non habent ſeguelam; for it 
was chought, tft am eſtate in Scotlund, whether he- 
ritable or mnoveable, mant be governed by the Jaws of 
Scotland, and that a nnncupative geſtament can no 
more conyey a moyeable eſtate in Scotland, than a writ- 
ten teſtament can convey an heritable eſtate. Stair, 
Gim! Neub. 19. Jan. 1665, Sax 
A TESTAMENT Arne England by an exe - 
80 cutor nominate, ſuſtained as a good active 
Teſſament title here, altho' there was no inventory 
confir med in given up, not being the cuſtom of Eng- 
England. land; and yet it may be thought that 
| , -+...-,- confirmation, being the ſentence or war- 
rant of a judge, can have no effect extra terfitoriums 
Durie, 16. Feb. 1627, Lawſon, ——But a legator was 
found obliged to confirm, where the executor appeared 
and renounced the office. Durie, 25. Feb. 1637, Rob. 
— One dying abroad, tho' by the law of the place, 
his neareſt of kin, without confirmation, have right to 
all debts or goods belonging to him, yet, if the debt be 
due by debtors in Scotland, or the goods be in Scot- 
land, they cannot purſue for the ſame, unleſs the right 
thereof be ſettled upon them, according to the form, of 
the law of Scotland, by confirmation, if moveable. or 
by ſervice, if heritable. Stair, 18. Dirl. Newb. 19, 
July 1666, Biſſet.— The probat of a written teſta- 
ment ſuſtained as a title to found a proceſs here, the, 
purſuer confirming before extract. Bruce, 21. Jan. 
1715, Wardlaw. 484 bt 234 r 
AsSIG NATION, made in foreign parts, of a bond 
due by a debtor in Scotland, ſuſtained, ln 5 
tho' wanting witneſſes, being. according A/fignation 
to the form of the country, Durie, 11, #tomeveatles. 
Dec. 1627, Falconer.——An aſſignation not. in tb 
made in England, of effecs in Scotland, Scots form. 
and granted by one Scotſman to ano- RES 
ther, found good, tho“ the writer was not deſigned, be- 
ing formal by the .law. of England. Durie, 16. July. 
8 1636, Sinclair. — The like, where the aſſignation was, 
t wu ſubſcribed but by one notary. Newb. 15, Dec. 1664. 
it ne Erſlin e. Au aſſignation being made beyond ſeas, ac 


4 


cording. 


— = 


- — — — — 


— — — 
— 


—— 


— 


— — 
2 — 


— AS — — _—— 
—— MF. 


——— 
— = 


44 5 FOREIGN. 


—— DE —e— — — n 
_ — — — — — L — 
4 2 2 22 a 8 * 
LE 


|  ereditor muſt lay his account to follow the forum of 


cording to the confurreds loci, by way of inſtrument of, 
a notary, xtabellion having retained the warrant in his __ 
hands, ſigned by the parties, was ſuſtained, N 

the cuſtom of the pines. t 28. Nov. e 85 ö 


Preſeriptios, by the law of which ae re:. o 
gulated:? [8 ( 


A BOND emi in England, being preſeribed bj 
the Englith law while the parties reſided there, was af- 
ter wards made the foundation of a proceſs in Scotlaydy 
in which the Lords repelled the Engliſh preſcription, 
in reſpectthe bond was drawn in the Scots form berweei 
Seotſmen, and bearing a clauſe of regiſtration for ent- 
eution in Scotland. Gilmour, Nov. 1664. Grades. 
ln a ſuit for payment of ſarniſhing made at L. on- 
don, objected, The debt is preſeribed ge mα,ʒ 
probandts, by the lapfe of three years: Anſwered; The on 
Ratute referred 10, being loca) and municipal, dero» 
gating from the common law of nations, it cannot tale 
place againſt ſtrangers, bat the Jocus contra2ns mult be 
the rule; the Lords repelled the preſcription, Fount: 
11. Jan. 1695, Philps and Short. Againſt an ac 
corpt; furniſhed 2 perſon when at London, the tri- 
ennial preſcription being objected; anſwered; The 6. Wepe 
ur contradtus-maft be the rule; merchants or tradeſmen Wand 
who truſt foreigners, not deing obliged or ſappoſed to 
know the municipal laws of other countries. 2%, The ear 
Scots law cannot regulate contrads not made in the Weir 
country, whether with regard to the form or enduranee: ria 
The purſuer was indeed under the authority of. the Weg: 
Srots law, with regard to every Rep taken after he be 
brought his proceſs in Scotland; but, eo, locu- contratte: Nerip 


| ſnauld not be the rule, yet the Seors prefeription could 1731 
not commence, Whileche remained in England, nor could 


he be ſubjected to the juriſdidion of the laws of Scotland; {Woun 
and therefore, to make ter mini habiles for the preſcripti- Nefe: 
on, the creditor. muſt be three years in Scotland before Wal i 
commencing. his ſuit> To the firſt, replied, That as the Wo! : 


_—_ dybror, he * alſo lay his account to be ſubjected n 
to 


| FOREIGN. _ 
d the Taws of that /5rum. To the /econd, The act 83, 
arl. 1579, is directed againſt the Action, and in favor 
the debtor that no action ſhall be purſued after three 
ears, without régard where the debt was contraded, 
and this muſt be ſo, otherwiſe no preſcription at all 
ould vun gainſſ a debt of this kind; for the Engliſn 
dreſcription can have no force extra terriforium ;\ nor 
an the Scots judges be bound to determine upon any 
denal law made in a foreign country; the, Lords ſyſ- 
ained the defence of preſcription. Forb, 16. Fount. 
7. July 1708, Thomſon and Hay. —- A mer chant: tra- 
eller having died in England, his brother intromitted 
rith his effects. fne ntuloe, and during the currency of 
ke negative preſcription of fix years, introduced by the 
ngliſh act of limitation, retired into Scotland; being 
ved here, his defence was upon the ſaid: aQ of limita- 
ion; which the Lords ſuſtained. Bruce MS. Home, 
| . July 1717, Rae. A ſupercargo having borrowed 
The neney in Virginia, drew a bill on his conflituents for the 
ame. In a ſuit upon this bill, after it had lien over for 
i years; the queſtion occurred, Whether the act of 
be imitation, comprehending bills, ſhould be the rule; 
ant: pr, if the queſtion of preſeription ſhould be regulated by 
ac he laws of Scotland, the bill being drawn upon Scotſ- 
tri⸗Nven reſiding in Scotland, and payable there? the Lords 
1 Nrepelled the preſcription, and found the law of Scot- 
men and muſt be the role. 25. July 1732, Rogers — In 
to ſuit fon an accompt of drugs, furniſhed from year to 
The ear, by a druggiſt in Lot don to an apothecary at E- 
the Ninburgh; the Lords repelled the defence of the trien- 
nee: pia preſeription; and found, That the matter muſt be 
the regulated by the act of limitation in England, being 
he he /ocus contractus, and not by the act concerning pre- 
Ne Neription of accompts made in Scotland. November 
ld 73 1, aſſignees of Thomas Fulks. — In a proceſs for 
uld:Fecovery of money loſt at play, with the triple value, 
ind; ounded upon the Britiſh ſtatute, tb Queen Anne, the 
pti-⸗Nefence was, That the action being brought upon a pe- 
0 al ſtatute, and for a penalty, was fallen by the lapſe 
of a year, in terms of the Engliſh ſtatute, 31m Eliſab. 
7%. 5, declaring, That no action ſhall be ſuſtaiĩned up- 
on any: pehal ſtatute made or to be made, unleſs. 
b N 


* 


within 


— 


46 FOREIGN: 


| compt of furni 


ther that the debt is not due, or that it is paid; 


__— — > — —_— — et ES. — m „ 
* 1 r * ERA. bm — : * 2 —— = — — = - 
— : ES ET. — — 5 — - — : — — - — — 
* 0 _ 
— 


Annualrent, by aha law regulaed, PR 


F 
— 4 
> 


— Sib tr Sa 
<= = 00 
OY — 


us in Ireland to Iriſhmen; the Lords reſtricted the a 
to the half, conform to the condition of the bond; at 


vent; nor could their ä * any abe 


within one year of che offence.” And it vn ed, Th 
us this is x: fovereign-lawin England, it muſt wank 
the faid penal Britiſh ſtatute, gt Queen 2 
way as if the limitation was ingroſſed in the act. 
ſwered, It is by nq means the fame; the action a dag 
upon the Britiſh ſtatute is in its nature 
cauſe not limited by the act. The ad of e 
ſo far as its authority goes, will found a defence, ſo 
to: take away the action vpe exceprionis only; but as th 
Jaws of England have no authority bere, the ſaid a 
of limitation cannot be founded upon to bar the a 
on; the Lords repelled the defence, 19. Jan. 17% 
Murray. Againſt an action for payment of an 20 
ing made to a Scotſman at Londo⸗ 
which was offered to be proved by the defender « 
a no proceſ; was objected, founded upon the 7 
of hmitation;; which declares, That no action does 
eſter ſix years. Anſwered, ie, No penal ſRatute; 
authoritative extra terrilorium. The Engliſh ſtatute m 
Have this effect in Scotland, to infer a r 


this preſumption is taken off by the mæan of proof ce 
deſcended on- 2d o, Were the queſtion to. de tried! 
England, the ſtatute would be found not to take plag 
becaufe of a late ſtatute, 30% Aan. cap. 16.4 19,8 
declares, That the preſeription ſhall not run, fo; ton 
as the dedtor is beyond ſeas; and the defender has bet 
all atong in Scotland, which is the ſame: caſe ; th 
Lords found the purſuit not cut off by rhe mer 
124. ee 9. Few 19.38, Ins: 


the creditor” J Counters: or  dedior' "TY 


& PARTY veing ſued n an Eoglith bonded 


to the annuatrent of ſix per cent. only allowed, to 1 
taken dy the laws of Scotland, tho” the double cas 
in pface of annuatrent, which was ten per cent. in In 


oung 


FORETGN., 47 


Ie e purſuerteraved) reſerving the” reſt to be obtained 
om the Iriſh judicatories; bet found, That the pur - 
er muſt give a diſcharge of the whole, and that the 

ebtor was not bound to accept of ſuch a partial re- 
I Ferd. 25. Fe 97. An- 1710, Savage. 


oreign decrees, how fer effectual in Scotland 7 


A COPARTNER: ina eue haviog w 
overed & decree of the king's bench a- 71 v 
8 zinſt the cathier' of the company, for tics 1 Je 
Is intromiGons; and applied to the Oy.” 
n * of ſeſſion to interpoſe their authority, in on- 


er to execution; the Lords ſuſtained the decree, the 
urſuer jadructing that he was @ partner, and the da- 
der calbier. Forb. MS. 3. Dec. 713. Goddart. 
woman in whoſe chambers at London a fire broke 
ut, being purſued for the damage, and a decree of the 
ing's bench recovered againſt her, retired into Scot- 
ind with her effects; but the purſuer infilting againſt 
er here, founding upon a deeree of the king's bench, 
he queſtion pccurred, If it ought to be ſuſtained as 
rebatio probata in Scotland, and execution awarded 
pon it, -unleſs it be:ſhowp to be nulſ upon the law of 
neland;; or, if it is only to be ſuſtained as a libel ? The 
ords found, That execution vught to paſs upon this 
ecree, unleſs ſomething competent in law or equity 

Oe againſt it. Home, 29 Dec. 1720, Ed - 
ards. 
A BOND betwixt two. Scorinen at Loudon, in the 
Wcots form, and regiſtrable in Scotland, | 

ing challenged by the Seat er, before Exceptio rei 

be court of chancery, and the creditor Judicate, 
ce appeariog, buttbereafter withdraw- -- 

> W's, and ſentence rr reducing the bond; 

iis was not found ſuch a res Judicata as to bar the cre- 
fa itor from pabtziag far the debt in Scotland. Fount. 
20884. Feb. 4698, Cochran. Preſident Dalrymple, who 
bler ves this decifion, June 1698, makes this re- 
ark, That if the creditors-had moon to; t 
efore the chancery, it is like the Londs would not have 
ound the decree Teviewable At bis inſtance ho bad 


made 


n br 
0; 0 


r 


— 2 
a 
A 


the defence was, Thar» the (hip aud tar qt far M0 


tion is brought thereon within ſix years. Home, 
34 46, Lovat, Dec. 2. 1442. „ ts Ava 


4 


land, Home, p. 359, Norris, Jan. 4, 1743. 


had fixed his reſidence in En gland, are preferable f 


rupts creditors doing diligence by arreſtment in gc. 


in a * country, if it appear the decreet was inh 
This was reverſed on 1 the defender e 


416 POR. ION 


made ele ioꝶ / . he? i0aure. Wan / 
having 3 ——— t India c 
pany, jusiſdictionis fundandæ gratiaꝶ brought ah as 
againſt the company;:for damages All ea fu 
by. him; thro? their viblengſemure ion © 
ſhip and cargo belonging to him in the. Eaſt- Ind 


were, in due courſe. of lav, condemned and conſiſea 
in the council of juſtice of Malacca; which, upon Caf 
tain Hamilton's. appeal, was confirmed by the cout 
of juſtice at Batavia; and therefore, they are fafſe#e 
ceptione rei judicate;. which exception ns a om 
ſtained. 24. July 1731, Hamilton 
THE Engliſh exception to abo 


Lanny | deciſf. that non e fadtum, is not — | an 
eus. ter 2 peremptory defence has bees pn 
5 poned and repelled. Home, p. 30 


Hendlay, Nov. 24-194t. ITT ET or” 

APROMISSOR note granted i in Londos by a Scol 
man reſiding there, to another Scotſman, and payable 
demand, falls under the ſtatute of limitation, if no a 


CLAUSES of the Ratute of limitation, what co 


ftruQion to be put thereon, argued but not determine eph 


Home, p. 352, Cathcart, Dec. 9. 1744. | 
PROMISSORY notes granted abroad, de nds * 
prove their dates, ſo as to affect heritage in 800 


THE aſſi gnees under a commiſſion of ne 
warded in England againſt a native of Scotland, v ＋ 


the commencement of their a ht, as to debts owing 
the bankrupt, if contracted 3 the Engliſh form, 
payable in England, tho' due by perſons 1 in Scotlall 
or natives of Scotland, in a competition with the bat 


land, Fac. Col. vol, I. p. 198, Bradſhaw, &e. Feb. 1. 135 
EXECUTION is not granted on a decree pronoune 


quous. Faco Cöl. v. I. p. 254, Wilſon, Jan. 7.1716 


Pearing. 


Fro. 49 

A DEED by a Scots bankrupt, granted in England, 
as reduced upon the ac 1696. Pac. Col. v. II. p. 21. 
ym, , xx...  onet 
A PERSON living without the juriſdiction, was not 
ceived as a judicial cautioner. Fac. Col. vol. II. p. 288. 
ollins, Feb. 6. 1759. 4 | 
COHABITATION in a foreign country as huſband. 
nd wife, was found to conſtitute a marriage in Scotland. 
Pac. Col. v. II. p. 298, M*Culloch, Feb. 10. 1759. 
Tais deciſion was reverſed in the houſe of Peers. 
ARRESTMENT), uſed by the creditors of a foreign 
ompany, in the hands of its debtars in Scotland, po- 
erior to an act of bankruptcy committed by one of the. 
artners, but prior to the taking out a commiſſion of 
ankruptcy againſt him in England, was found prefer- 
ble to the legal affignees under that comm iſſion. Fac. 
ol. v. II. p. 319, Crawford and others, creditors of 
Dunlops, March 6. 1759. os | „ 
ENGLISH letters of adminiſtration equivalent to a 
cots licenee to purſue. Fac. Col. v. II. p. 364, Clerk, 
Dec. 20. 1759, | 8 | 3 
IN a teſtament executed in Scotland, bequeathing ef- 
as in Antigua, a reſiduary legacy to brothers and ſi- 
ers, or other neareſt af kin, does not comprehend the 
ephews and nieces of the deceaſed, he having brothers 
nd ſiſters alive; tho', by the laws of Antigua, in ſucceſſi- 

to moveables ab in teftato, the jus repreſentationis takes 
lace, Fac. Col. v. II. p. 433, M*Harg's, July 22. 1960. 
THE lriſh ſtatute of limitation is not a defence a- 
Unſt an action in Scotland, when the defender has not 
ded ſi years in Ireland after contracting the debt. 
ac, Col. v. III. p. 52, M*Neil, March 2. 1761. 
NEGOCTATION of a promiſſory note, payable in 
gland, muſt be regulated by the law of England. 
ac, Col, v. III. p. 61, Brown, June 13. 1761. 

AN attorney for a foreigner is liable in coſts cf ſuit. 
his collſtituent, Fac. Col, vol. III. p. 139, O'Haggen, 
by zi | 

CAN a. Lord Chancellor's certificate be pleaded 
a diſcharge of a debt contracted in England in aux 
durt in Scotland? Fac. Col. vol, I II. p. 203. Credi- 


rs of Galbraith, July 1. 1762. | | | 
You Bc E HERI- 


30 0 


HERITAGE in Scotland cannot be Feds 2 2 
teſtament, tho' executed in ige pouſtie, by a Scatiman 
abroad. Fac. Col. vol. III. p. 301, Burgels, Jan. 48, 
1764. i . 75 1333 * 
24 BILL found duly proteſted by the practice in Eng. 
land, tho' the proteſt was only taken by à clerk, and 
extended by the notary himſelf at home. 240%, A bill, 


whereof the drawer and accepter are both inhabitant - 
of Scotland, if made payable at London, and duly ne- 5 
gotiated, gives the ſame title to all expence and damæge, "A 


as if the parties had been reſiding in different countries, 
Fac. Col, v. III, p. 348, Stevenſon, Nov. 14. 1764. 


O0 n iG NE 


: „ IF the ranking of the creditors Wy 
Foreigners, | Lord Kinkardine, it was alledged, 
if they can That an infeſtment of annualrent, granted 
hold land in in favor of Henry Vanſomerdyke, could 
Scotland? not be reſpected, becauſe he was a ſtranger 

| not naturalized, and ſo not capable to ac- 


uvire a feu in Scotland. Anſwered for Henry Van- a 
Fat ke, That his lady being a French woman, and try 
himſelf a ſubject of France, where he hath a marquiſate the 
and lives frequently with his family, he had the bene · i; 
fit of the general act of naturalization granted to the .. 
ſubjects of France in Queen Mary's time. 2do, This u to 
not an infeftment of property, but of annualrent, which ed 
is but a ſervitude. 3, If ſtrangers, not naturalized da 
were not allowed to acquire rights in Scotland, all ou fu 
commerce with theſe would ceaſe, ſeeing. they are fre LF 
quently put to appriſe or adjudge their-debtor's land: De 


for ſatisfaction of their debts, Reply'd, Strangers hate 
an eaſy remedy by procuring naturalization; and if 
ſtranger died, the retour could not bear him to han 
died ad fidem domini regis, (which is a point of the brief) 
ſeeing a ſtranger is under no fidelity, and ſeeing the ſul 
jects of this kingdom are not capable to purchaſe in 
France, upleſs they be denized, ng more ought the 
French be capable here, nor is this party properly a 
Frenchman; ſo that it were fi&tio fictionis to allow his 
the privilege of a French ſubject. The Lords demurret 


Y 2 it» give anſwer to the point, but allowed the ſtranger's 
Pan right to be ranked in its own place, that he might intro- 
148. wit with the annualrents upon caution, till the point 
2 was decided. Hare. ¶ Inſæaſiment ] March 1683, the 
ug. creditors of Lord Kincardine. @ 
and ONE conſti:ated factor by a foreigner, for levying 
bill, i debts due to the foreigner here, having - 
ante g inſiſted in name of his conſtituent for pay- 0 . 
ne- ment of a debt, which, during the caution for 
ge, ¶ courſe of the proceſs, was proved to have expences in 
ies. g been already paid to the foreigner him - initio litis. 
% elf; the Lords found the factor liabe 
is expences, tho' it was argued as quite unprecedented, 
; WJ That agents or factors, whether for natives or foreigners, 
4 ct. ſhould be found liable for expences occaſioned by their 
DO conſtituent's fault: That the proper remedy, when a 
foreigner gives mandate to purſue, is to inſiſt for cautl- 
on in initio lilis, and where that is omitted, the de- 
ſender has himſelf to blame. 16. June 1738, Pringle, 
—— The like. 25. July 1739, Horn. 25 
A FOREIGNER who, by his mother, a Scots woman, 
ſucceeded to ſome effects in this coun - 
A000 try, purſuing an exhibition of writs, au- Va tutor can 
iſate, thoriſed by a tnator-dative, given him by be given to 
dene his majeſty; and it being controverted à pupil who 
> theſſ whether the king could appoint a tutor "i a foreign- 


% 


* va foreigner, ſeeing none could be ferv- -er ? 
b 4 ed tutor to him in Scotland; the Lords, 
. waving the general point, ſuſtained the tutor · dative to 


ſupply a curatory ad litet, ſo as to authoriſe the pupil 
in the preſent action. Durie, 17. Spotiſ. Tutor 18. 
Dec. 1627, Donaldſon. 


 fre- 
lands 
have 


] if z 6 | 45 * SET | 6 a 

have n 

rief | | 1 5 

ſul HE king, under his hand, having granted a gift 
ſe in 12 of erection of a gentleman's lands Eid 4 2 
t the the exchequer demurred to give a charter upon it, and 
rly 3 recommended to the Lords to hear parties, and to give 


7 bio their opinjon, what the import and privilege of a' foreſt 
Urrecng is by law, and whether it be prejudicial to the king's 
10 | © E 2 foreſtry, - 


— 


—_ 
r 


a — IPL 
. ES. co 
2 1-2 S 3. 


ho 


— TI.” SI 2 — — — —— — — 
—— — — — - - — —- — — = 

— — m1 — — . I — 

— 2 T =I£- = — - - he E = 


_ — " _ — 
. = ri IE 2 


2 a n 
a 
_—_— = 


— x 


4 — 


IEEE = 


— - — * - 
* 28 ne LRU. om pie 
_— 1 


5 FORISFAMILIATION. FORUM COMP. 


but ſuch as have hained woods and foreſts (which mul 
_ be incloſed with dykes) by the faid firſt act; and by the 


are impoſed, againſt theſe whoſe goods come in to in- 


to the king againſt the granting of new foreſts, as pre- 


 FORISFAMILIATION. | 


A by her father, beſide the tocher, to be a bairn in 
miliat at his death; the Lords found, That two of 


married till his deceaſe, but had got as much provided 


foreſtry, that a new gift of foreſtry be paſt; the Lord 
having conſidered the acts of parliament anent foreſiriet 
viz. act 12. parl. 1535, act 84. parl. 1579, and a& 130 
parl. 1592, they ordained a report to be made to the 
exchequer, to this effect, That the import and privilege 


of foreſtries is, © That all cattle put in the king's foreſts *< 


be taken and brought to the king's priſon to be el 
% cheat, two thirds to the king, and one third to the 
* keeper of the foreſt; and if other landed men have 
hained foreſts of their own, they may eſcheat the goods 
to their own uſe; and by another act there is a jurif- 
dition to the keeper of the king's foreſts; but no foreſts 
are allowed to private perſons upon their own property, 


ſecond, inſtead of eſcheating the goods, other penalties 


cloſures, orchards, or parks of private perſons; that the 
opinion of the Lords is, That repreſentation be made 


Judicial to the Hog old foreſts, and to his liege Stair, 
24. June 1680, Marquis of Athol. 2 0 


GHTER, at her marriage, being provided 


the houſe, provided all his other children were forisfa- 


them, who continued to ftay in the houſe, and were ns: 


them as the purſuer's tocher amounted to, were there 
by underſtood forisfamiliat, Durie, 1. Feb. 162% 


FORUM COMPETENS. 
5 orum competens ratione domicilii. 


THE Lords refuſed to ſuſtain themſelves judges be- 
twixt two foreigners, being in this country occa- 
IE 7 ; | ſionally, 


FORUM COMPETENS”! 53 


£ 

Lordi anally,. 2 A or geo tendi, eſpecially in matters of 
ith cbt contra ed 520 ONT Neck > but if the debt be 
t 130 PE Fed x paid ins this country, the Lords in ſuch 
o the calc will be judges, H Hadd. 23. November 16 10, Ver- 
rileg ur. u a reduction of ,a-decreet againſt a ſoldier, 
oreſty pronounced by. the bailies of A town, where the regi- 
be el. nent lay for. the time. and he, perſonally warned; it 
o the eing alledged; That he was not 40 days there, and — 
har the decreet was, red a yon ſuo  Judice ; 5. 

coods Lords canfidering,, That ſoldiers haye no fixed nel 
juris, but muſt remove at their, computer or der, vn: 
"reſis eis when in e n, foung his * ert when cited 
erty, ufficient. ,, Fount. 12. Nov. 1709 Lees. A 1 : 
muft man of Haddingtos - ſhife, but within miles or there: 1 
y the 7 of Edinburgh, being pprived, before the ſheriff of 
altie i dinburgh, as one who had his reſidence as often thers 
o in- in the country, and that he had {arem.& focum with 
t the is mother-in-law in Edinburgh, and 2 ſeat in, one, of 
nade he churches there; the Lords thought, that {ſuch gen+ 
pre lemen, as lived at ſo ſmall a, diſtance, were. abs | 


advocation, and remitted the cauſe to the ſheriffs of 
dinburgh. Fount. 15. July 1701, Spotiſwood. _—T 
Lords turned into a libel the decreet of an inferior jufge, 
fining a party for a riot, in regard of rhe incompetency 
of that court to judge therein, in ſo far as the locus de- 
licti was within another juriſdiction, wherein alſo me 
defender had his forum domicilii, being at that time re- 
fident at a writer to the ſignet's country - houſe, whoſe 


both juriſdiQions, and therefore repelled the r-aſon. 5 


* apprentice: he was, tho“ not an houſe-· apprentice; and 
0+ Naltho' the father, whoſe eldeſt ſon he was, had bat 
ided his dwelling: and whole eſtate within the juriſdiction 
ere · Irhere the ſon was attached. Fount. 14. Feb. 1768; . 


Thomſon and procuraior- fiſeal of Dunblane. #49 
THE purſuer and defender being within the ſame 
juriſdid ion; the Lords found, That the action may 
proceed befor their own judge, altho'thethingyn-quee - 
tion be within another juriſdiction. Colvil, 7. March 


1579. Johnſton. N 9 N. 33 n Ny 
Forum Adelictl. 
ca- F 4 22 delifi was found Mn te make the IT IM 
Ity, 3 5 4 


54 FORUM COMPETBDNS: A 


of the place competent, altho' che de ſender hadmo:domis 
cile, nor- did refide within the juriſdiction, Sine. 
Lundie.— Found that a baron bailie and hi 
officer, may purſue and follow aſter. a ſtranger, and ap. 
prehend him, or his goods, even without the baron 
for, a riot, &c. committed within the ſame. Nicol. 
Forum competent] g. Jan. 16, Baillie 4. Forger 
committed in Scotland by a Scotſman, may be challen- 
- ged before the Lords, and impro bation will paſs again 
the deed, that it may be cancelled, tho' it relate not to 
any-ſubje ly ing in Scotland, being: a conveyance of at 
eltate lying in a foreign country. Stair; 6. Feb. 2672 
Murray. Falconer, 14. Feb. 1683. inter coſdem. 
The Lords found, That a ſcandal being committed, i 
Edinburgh, the action may be purſued before the cams 
miſſ..ries there, as being the /ocus delidi, altho? the 
party delinquent had his family in another commiſſu riot 
he himſelf having been 40 days in Edinburgh before 
the date of the citation. Gosf. 18. Nov. 1674, Ger- 


n. FA, i = 5 S . Et» IS. | 
A BARON having unlaw'd his tenant for blood, the 
decreet Wa found null, and the matter ſtill entire to be 
tried by che ſheriff, becauſe the fact was not done upowl 
the baron's ground, nor did the party hurt live within 
his juriſqiction, nor make his complaint there. Duri 
28. July 1630, Ld. Freeland... | {r= +47" © 
Forum competent ratione rei ter 
THO' a town be exempred from the ſheriff's juri{dice 
tion, the magiſtrates thereof may be ſued before the ſheriff 
when, the ſuhject in controverſy is within the juriſdi dia 
on of the ſtire. Col. Feb. 158 1, Lawſon.—Magiſtrates 
of towns, and other inferior judges, have juriſdiction 
ratian: rei fite. as to the right of lands or houſes with - ur. 
— in their bounds, tho' the defenders dwell without theit 
juriſdiction, they being cited by virtue of letters of ſups 
plement, granted by the Lords of Seſſion. Durie, 
28, Nov. 1635, Williamſon. Perſons . beifig cone | 
vened as intromitters with a defunA's goods before a. 
- Ccommiſſayy, within whoſe bounds: they dwelt not: the we 
cemmiſſary's decreet was found null, altho' the defund 
; | | led. 


FORKUM*COMPETENS. 62 

ed within:his-jurifdition o und the 'reſtament was to 
confirmed there, and the ſaid goods lay within the 
vnds, and were intromitted with by the defenders 

ere. Darie, 5. Fob. 162333 — Altho' a party 
fender and his family were reſiding at London, ants. 
cold, remanendi, and that the putſuit was vpo a contract 
gemi ade in England; yet proceſs was fuſtaiſed by che 
Nen. ¶ ords to have execution againſt the defender's pero 
aint ben became te Scotland, and againſt his goods there 
ot tue being a Scotſman, and ſummoned perſonally in Scot- 


of nd. Durie, Auchin. { Strangers) 7. March 1629} 
671 uirbead.— Proceſs was ſuſtained by the Lords up- 


n a bond granted in Ireland, after the Iriſh form, a- 
ainſt a Scotſman, tho' he, with his family, had reſided 
years, and were ſtill reſiding in Ireland, and he 
ade a denizen thereef; the purſuer having declared, 
riot hat he ſought- only execution _ ſuch lands and 
fort oods as the defender had in Scotland. Durie, 18. Nov, 
Ger- 626, Galbraitt.——— A Scotſman reffding in Holland, 
nimo remanendi, being purſued in Scotland, the proceſs . 
as ſuſlaĩned againſt him, being a-Scotſmay, but only 
to ho produce execution againſt the defender's goods which- 
> had within Scetland. Durie, 8. Dec. 1626, Lord 
thin{Wlantyre. The direct contrary was fouud. Durie, 
3. March 1639. Colonel Brog's heir; where the Lords 
Jeclined themſelves as incompetent, even with reſpect 
o the defender's goods in Scotland. It beisg object- 
d againſt a puxſuit for payment of a:debt, That the de- 
ender had been 24 years out of the country, anime re- 
ſdice ane ndi, and therefore not ſubject to the juriſdi ion of 
eriff he court; the ſame was repelled, ſeeing the bond was 
lictie ade betwixt Scotſmen, and the purſuit was in order 
rates o affect the defender's goods in Scotland. Durie, 
ction . Feb. 164 2, Douglas. —— A lady liferentrix being 
rich · Nurſued by the heir to uphold and repair the houſes on 
theit be lifetented-lands, in the. terms of law, efore the 
ſup / Mieriff of. the ſhire Where the lands lay, the dwelling in 
urie, other county; the Lords advocated the cauſe. from- 
chn: he ſheriffe to themſelves; tho' the ſheriff, in prima in- 
ore 4 Miantia, was acknowledged competent, had the defender 
the welt within the juriſdidion. Fount. 14. July 1697, 
fund Nera ors L 19 3 n 445 A 
died. | A* 


56 FORUM.CQMEETENS.. 


A PROMISSORY note of L. 200, alledged acceptel 

| 672 Scots Senden n when abrodd, 65957 ves uk 
country, and payment demanded; the: gebtieman, by 
a ſummar application, ſetting forth, That the pert 
in, whoſe hands it was, and who made the dewajs! * 
a London attorney, and about to leave the country 
obtained the promiſſory note to be ſe qbeſtred as a forgd 
deed, and thereafter went on in an improbation. Son 
e te the attorney made àn applicaticn 


that he had given his obligation to reſtore the note, d 
pay the contents; and the Lords, in reſpect the cred 
tor in the note was not ſubje to the juriſdiꝗion of thi 
court, and that no judicial demand was made there 
to found. a juriſdiction, therefore ordained the note 
be delivered back to the petitioner: 18, Nov. 114 
Sir. Hugh Dalrymple of North-Berwick., ©. 


Arreſtment furifdiftionis fundande gratu 


A.STRANGER being purſued before the admiral, d 
adlany other judge, ought to find cautio j1 
Arreſiment dicis ſiſti et judicatum ſolvi. Balf. Cai 
of thedebtor's- tion Be h March 1527, Curl. Upa 

' perſon, .. application to the Lords by bill, war 
rant was granted to ſecure the perſon al 

a ſtranger, till be-ſhould fine caution judicio Ani; but 
at the ſame.time, the purſuer was alſo ordained to fin 
ſurety far the purſuit of the action, and damage, an 
intereſt, in caſe he prevailed not. Maitl. 22 "Jag 
1564; an Engliſhman.—— There being mutual pro 
ceſſes betwixt a Scotſman and an Engliſhman; th 
Scotſman dying during the dependence, and after 
tiſconteſtation, and his heirs incarcerating the Engliſ 
man, by virtue of a ſymmary warrant for arreſting by 

' perſon, by an inferior judge; the Lords, in a ſuſpen 


ſion, thought it . inconvenient to alter ſuch gener 


cuſtom, and therefore refuſed to-ſet him ar liberty, um 
leſs he found caution yudicis tft, &c. but judged 1 


the court of ſeſſion to have the note reſtored. al. 


E « 


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likewiſe. ſuitable, that the putſuers. ſhould alſo find 
caution. to him, in caſe they ec Wer to refund bi 
N * 102 5 5 35 54 125 4} tory : o damage! 


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FORUM COMPETENS. 57 
mages. and Joſs by the wrongons impriſonnlenit. 


S th pats Ros 

n. ont. 6. Feb. 170, Ayrie. 5 
4 STRANGER who is addebted to a Scotſman, 
f 7 ming to this country, may be charged th.” 
wry an officer, at command of a bailie, to Border. law. 
* ter in ward, till he find caution to 

8055 ſwer as law will. Hadd. 22. Jan- 1611. — 
en (ot vith ſtanding the act of parſiament, touching ar- 
© Wing perſons within wa of the Lords found, That 
1 gliſhmen may be arreſted in any burgh upon the 


ots ſide of the border, tho' by ſtrangers and no 
rghers; this being the practice on the Engliſh-ſide. 
sf. 13. Jan. 1696, Robertſon.—— An Engliſhman 
ing arreſted near the border, tho' neither by a ſhe- 
nor bailie of regality, but by a ſimple baron-bailie, 


173 cording to the border-Jaw; the Lords ſuſtained the 
«\\ WMWreliment. Forb. Fount. 2c. July 1705, Pots and 
e onter. e | E 
01108 ONE being arreſted in a royal burgh, for goods pur- 


daſed therein, finding caution to an- 


15 er as law will; this was found ſuffici- Burgh-law. 
2 t to ſubject him to the juriſdiction of i 5 
Udo burgh in this cauſe, tho? living under another ju · 
FO IWition. Dur. 31. Jan. 1633, Stevenſon. 


ARE STM ENT was granted by the Lords, at the 
ſtance of an Engliſhman, upon the 
dods of another, neither of them being Arre/iment 


by this country, animo remanendi, found- of the debtor's 
11 | upon bonds made in England, not ect.. 

„ aring any condition of payment to 5 b 

In ade in, Scotland. Hadd, Dec. 1610, Elvies. 


A perſon having given in a bill to the Lords, ſet- 


er ng forth a claim he had againſt a Frenchman, and 
im aving warrant to arreſt the Frenchman's effects in 
is country, juri/didtionis ſundandæ gratia, and until 
Pen wtion ſhould be found judicio ſiſti et judicatum ſolvi. 
0 Wnſwered, The Frenchman is not ſubject to the jurif- 
6 14 Ion of the court. Replied, By the cuſtom of nati- 
a ns, ſtrangers found here may be arreſted till they find 


wtion judicio fili, et judicatum ſolvi ; the ſame. rule 
uſt hold as to their effects, ſecing a proceſs cannot be 
{cd apainſt a party not ſubject to the juriſdiction of 

the 


58 FORUM COMPETENS. 


the court, in order to found an arreſtment upon 2 
pendence ; the Lords ordained the Frenchman's/ef 
in Scotland to be ſecured, till he ſhould find eaut 
Judicio fiſti et judicatum folvi, in ſo far as theſe ef 
amounted to, and no further, tho' the claim ſh 
exceed the effects. Harc. (Exhibition) Dec. 10 
Arnold. See Fount. 22. Feb. 1684, inter eeſd. 
- A STRANGER ſuing a Scotſman, by his proc 
tor here, and the Scotſman craving, I 
the procurator might be ordained to 
.caution ſudicio fi/ti et judicatum ſolvi, in a ſuit of 
convention which be was to intent againſt the confli 
ent: This was refuſed by the Lords; but Durie ad 
the reaſon, that there was yet no action intented agai 
the procurator, as repreſenting the conſtituent; a 
ſuppoſing ſuch an action, he is of opinion, the- con 
tuent might have been bound to find caution, t 
whatever he ſhouſd recover by this proceſs againſt 
defender, it ſhould remain liable to him in his reco 
vention. Dur. 9. Feb. 1628, Kirkhead, —A prod 
rator having a mandate to ſue for the behoof of ſt 
gers out of the country, was found obliged to ſuſt 
a contrary proceſs at the inſtance of the defender; u 
reconvention being upon a fact that did ariſe, and v 
incident to the principal proceſs. Stair, 18. Nov. 16 


Redonvention. 


Vans. Wo! 715 1 5 Paß 
Arreſtment AN arreſtment at the market-croſs o 


Jail on in ie Edinburgh, pier and ſhore of Leith, 
handrof aper- effects belonging to the common debt 
net fakes the hands of an Engliſh merchant 
r 175 7 ſiding at Briſtol, and who had no fo 
41 Pd in Scotland, was found null and ine 
20065 81775 26, July 1733. Couts. — 


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| THO' regularly an Engliſh executor is not bound 
accompt in Scotland, or any where, excepting in 
court whence he derives his powers; yet a creditor 
ving got letters of adminiltration in —_—— 


Fo RUM COMPETENS, 59 


reupon intromitted with the deceafed's moveables, 
73 J thereafter ſuing the heir in Scotland, the defence 
eau s ſuſtained guod preſumitur intus babere, tho' the 
ditor alledged ſhe had applied her intromiſſions other - 
ſho r, and was not bound to accompt in Scotland: For 
law can juſtify twice payment. July 1732, White, 

An Engliſh woman, who was adminiftratrix in Jaw 
rocul ber huſband in England, ſuing fot a debt reſting to 
lelf in Scotland, the defender alledged compenſation 
on a debt owing to him by the purſuer's huſband, for 


ich ſhe is liable as adminiſtratrix, Anſwered, The 
ons rtuer cannot be liable as adminiſtratrix in England 
rie aa debts due in Scotland, ſeeing ſhe is not confirmed 
| agaihWWcutrix as to any ſums owing there to her huſband; 
at; as adminiſtratrix of his Engliſh ' debts, can only be 


con rſued in England, where he, who was an Engliſhman, 
n, od. The Lords ſuſtained the anſwer made for the 


ink rſuer. Harc. (Executry) March 1684, Dryden,” 
progfÞicſtament, within which diſtri muſt it be 


ſult confirmed? 
TESTAMENT. DATIVE was found null, becauſe 


v. 16 e <xecutor, being decerned before one commiſſary, had 

Pafrmed before another. Spotiſ. (Teftament) 21. July 
roſs 79, Balcanquhel.——A deceaſed's teſtament muſt be 
eich, nhrmed iby the commiſſary of the dioceſe, within 
debt hich his principal dwelling: houſe is, where he died. 
zant add. 25.June 1611, Abercromby. In the confirma- 
Dn. of a. deceaſed's teſtament, the commiſſary of the 
4 ine drict was preferred, where the deceaſed's principal 

_ "Wlidence was, and where his eſtate lay, tho' he died in 
AI iaburgh, and had lived there ſeveral months with 
Fry S lady, ſervants and children, and had a houſe taken 
actor a year, with his own furniture; which was found, 
cauſe Edinburgh was not his principal habitation, he 

ee being there animo remanendi, but about buſineſs. 
ond air, 7. Dirl. 19. Feb. 1692, commiſſaries of Edinburgh 
in d Brichen. Some creditors of a deceaſed Lord of 


ror Meſſion having confirmed a ſum due to him, as executors- 


d, editors, before the: commiſſary of the bounds oy 
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* 


6 FORUM cou E TENS. 


the deceafed's eſtate lay, and where his lady and ; 
ly reſided, and laboured a room, to which alfo he uf 
to retire in vacation time, and at which place he di 
but other creditors having confirmed the ſame ſubj 
at Edinburgh, where the deceaſed had neceſſarily 
domicile for fix months of the year, and ſometimes 
ſo in vacation time when on the bills; beſides, that Wn 
dinburgh is communis patria; the Lords decided 
favor of the confirmation before the country eommiſſa 
Fount. 75. Jan. 1708, creditors of the Lord Merſing tie 
competing. | — . 75 N 
THE commiſſaries of Edinburgh have a right to ea ne 
firm the teſtaments of all perſons dying out of the con 
try; unleſs, where having a ſettled reſidence within ij 
country, they are only abroad occaſionally ze ani 
remanendi; in which caſe, the commiſſary of the diſtri 
where they dwell is preferred. Stair, 22. Nov. 106 ill 
Douglas. — The like, Harc. { Executry} . F 
1684, commiſſaries of Edinburgh. One having di 
in the expedition to Darien, before he went out of t 
Sco:tiſh ſeas, the confirmation of his teſtament in 


preferred to another confirmation before the commik 
ries of Edinburgh, in reſpe@ the deceaſed had left 
wife and family in Glaſgow, where ſhe lived, profect 
ing his former trade of a merchant. Forb. 22. Fe 
1711, Henry. : | 7-408 

THE teſtament of a ſoldier, dying, without any fin t 


ed to lay at the time, and had been ſixty days befon 
ought to be confirmed by the commiſſaries of Edinburg 
tanqguam commune forum; unleſs the deceaſed had reſi 
ed at Glaſgow with the regiment forty days immediat 
preceding his deceaſe. Forb. 16. Feb. 1711, Nilb 
and Bell. | : | : 
CONFIRMATION of the deceaſed's teſtament m 
be in that juriſdiction - within which his domicile i 
and not where he happens occaſionally to be at. the tit 
of his deceaſe. Upon which footing, a confirmation WW 27 
the commiſſariot of Glaſgow was found a ſufficient tit 
in a ſuit againſt one of the deceaſed's debtors, tho 


deceaſed, who was a ſingle man, and had no 1 TR 
5 5 ; hace :*- 


/ 


8; about:ewentyataysbefore - his death, retired him 
0 with his alfzinto apiaco within another commilia- 
 Whieb-ſhortifpace;: the Lords-did not / think ſub- 
ons to ix him to have eum © larem in his new pla. 
dunt. a Deo, / Kincaid. „ Wk TEES. af 4s 
THE-tekament ob deceaſed lawyer fall . 
med within che bounds where his prin- N 
bab dwellingehauſe on his vſtate in the Later uli. 
2 where bhereſided in the va- 8 1 
tion, not at Edinburgh, thong 
had a houſe: there in which he eaded. in alen. 
ne, and where be died Home, p. 37a, Competition 
zalmers with Blair, June 17. 7%%%/%ꝓ ᷑ + 
THE proper commiſſariot for confirmation of goods 
2 deceaſed. Lord of Seſſion, which are at his country- 
at, is the commiſſary of that diſtrict, and not the com · 
ſſary of — Fac: Col. vol. I. p. dar. en. 
d. 19. 17 . BY * I 4 $7 SIA 
A STRANGER i is intitled to apply to this court, by 
tition to the-Lord Ordinary on the bills, for a wat» 
nt to arreſtjuriſdictionis ſundande rauſa. Fac. Col. 
A. II. p. 22, Ford ſupplicant, Nov. 21. 1758. 


nds a juriſdiction in the Court of Seſſion. Fac. Cel! 
dl. II. p. es Hardie, Jan. 4. 1759. 

THE juriſdiction of the Court. Seſſion over natives. 
Scotland reſiding at Campyere, ratione origin, in 
dt excluded by that Far Fac. Gal. 
bl, II. P. 415. Hog, Jae 2). 760 — | 

A FOREIGNER.found in this country, if bound to 
id ab to 2 foreigner: fadicatum ſotvi ? Fac. 


ol. vol. 


net payment of the'fqu-duty, and 
| hing it, the day after, dud taking a Fraudulent 
mmon.diſchange, the, e ha ing concealment, 
ncealed the denunciationfrom him - 

Lal inſilting in a reduction of the * upon the 
mil! * e relevant, in ſo far 
Vor as 


FO COMPETENS 6 


* mad ee * 21. 1763. 


8 AL: a by his ſuperior for 


ARRESEMENT on the border-warrant of a ſberiff, OY 


JS — 


62 VV : 
as concerned the ſuperior, ratione doli et ' frandir ſul 
Spotiſ. (Horning) uit. Nov. Durie, 1. Dec. 1619, Ki 
caid. A minor's curators having tranſacted à lad 
jointure of 2500 merks per annum, for 13000 merit 
ſhe having, unknown to them, a cancer in her breat 
and dying a fe months thereafter; the Lords fou 
this qualification of fraud and cirenmvention not rely 
vant to reduce the bond, eſpecially they having hon 
logated the ſame for ſome years, by paying annualrent 
Fount, 1. ſuly 1687, Kentiedy.——A party hearing 
that the'privy-council was to fink the rate of a piece 
coin, and having offered his creditor payment of th 
money the night before: the proclamation, at the cy 
rent high rate; and, upon his refuſal taking inſt 
ments, and thereupon ſuſpending: The Lords con ſidd 
ing, that the deſign of promulgating theſe acts was 
certiorate the lieges, ſo that if they knew before, thi 
was ſufficient to make the offer fraudulent; they the 
fore found; That the creditor was not baund to accept 
conſidering the debtor's private knowledge, and 
dulent deſign. Fount. 5. June 1696, Wood. 
„IT was ſuſtained as a ſufficient qualification of ei 
ccuwmvention, to reduce a bond grant r 
Falſe allega to a merchant who had furniſhed ſœi 
lion. money at Venice, that there was no e 
greement before hand, wherein the m 
chant might take any rate he could get; but after i 
money was furniſhed, the defender had fraudulen er 
affirmed to the purſuer, that the exchange to Veni 
was higher than to France, tho' he knew the contra 
at the time, and that the bond was drawn up :accorgprc 
ingly: - 'Stair, 19. Jan. 1671, Dickſon. An -herit 
having ſolemnly affirmed to his taekſman, at ſetting inbo! 
Jands, that there was paid by the preceding tenant 
for each acre a great deal more than really was pal det 
and thereby induced him to take it at a very exorbitupon 
rate, whereby he was leſed u/tra dinidium, yet contw ak 
ed to poſſeſs two years before he complained; the Login 
found the alledgeance of eircumvention and fra a i 
” both in conſilio, and in eventu, not ſufficient to redi 
the tack, and that the tenant ſhould have inform pro 
' *himſelf better what was the true rent, and not w_ on 
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F R A. U* D: 63 


d on the ſetter's aſſertion, and ought to have tried 
ze quality of the ground; ant his eye being his, mers 
hant, he had none to blame but himſelf, eſpecially 
ow that he had acquieſeed two years. Feunt. 6. Dee. 
698, Kinnaird. A bond of L. oO granted for the ba- 
ance of agent accompts, and alſo a bond of penſion to 
he agent for liſe, being challenged by reduction, at the 
iRance of the granter's heir, upon this footing, That 
he accompts were falſe and extravagant, manꝝ groſs 
rticles being ſtated never given out. It was anſwereq, 
hat theſe accompts being ratified and approved of by 
he defundt, cannot now be challenged by his- heir, ſee- 
ag facility is not alledged. Replied, Subſcribing or 
orroborating of aecompts bars all challenge with re- 
pet to articles preſumed to fall within the obligant's 
nowledge; but can ſignify nothing with reſpecttoarticles 
lledged to be advanced or given out by the agent, and 
cquieſced in upon his ſole faith; for, if theſe can aftex- 
ards be redargued and found falſe, the bond of cor- 
oboration, which evidently, goes upon the ſuppoſition, 
hat the accompts were juſt and true, will never ſup- 
dort ſuch articles; and if the purſuer prevail in the 
proof, the cbnſequence muſt be, not only to reſtrict the 
dond to the juſt balance, but alſo to void the bond of 
denſion in tatum, which goes upon the narrative of ge od 
and faithful ſervice: the Lords, before anſwer, allowed 
doth parties a proof with regard to the verity and rea- 
onableneſs of the accompts. 24. July 1735. Maxwell. 
AN aſſignee to a bond, granted by one brother to an- 
dther, ſuing for payment, the debto r 
produced a diſcharge by the cedent, of Granting, a 
he ſame date and witneſſes with the. bond, and ta- 
bond; this was preſumed to be done de- ting a dif. . 
eſe, in order to gain credit; unleſs the. charge there- 
debtor could condeſcend upon ſame rea - /. af the ſame 
lonable cauſe of granting the bond, : and date. FEE = 
aking a- diſcharge. thereof at the ſame ; 


* — 


ime. Stair, 4. Dec, 1665, Thomſon.— —[t was found 
frau fraudulent eontrivange between à father and ſon, 
redufſſthat, at the, Ame of, the ſon's contract of marriage, he 
forupromiſed to: diſcharge che proyiſiong due to him by the 
ave contra, and that aceordingly a, diſchargę was granted 
13 h helöre 


„ 


'64 5 F NMUN. 


before the marriage, and after the contract, andi 
newed after the marriage, without any ſatisfaRic 
and this at the inſtante of the ſon's creditors, who h 
. contraQed with him bens fde, upon their knowleds 
the contract of marriage. - Stair, 2. Jan 6890, Cai 
del. A note or ticket being indorſed for an onere 
cauſe, and a ſuit having been brought; at- the f 
"Nance of the indorſee, the debror pleaded compenſuj 
on, he having a note fer the equivalent fam from | 
1ndorſer, dated only the day before the note ſued toy 
the Lords looked upbn this as a contrivance betweg 
the defender and indorſer, in order 10 furniſth the it 
dorſer credit, and therefore repelled the ee 
In this caſe; Fount. Forb. 17. June 1708, Bundy. 
A GENTLEMAN being abroad, and having 
1 5 children, two of his neareſt relarion 
Unger-hand while he was yet alive, agreed betwa 
dealing. themſelves privately, that if the eſta 
© was diſponed to either of them, the 
ther ſhould have a certain ſhare; and the gentlem 
having thereafter diſponed his eſtate to one of:theik 
with a power td alter, the diſponee ſent his ſon-to Det 
mark, where the diſponer was, upon which the forme 
"dif ofition was recalled, and a new diſpdſition granite 
An favour of the ſon: In a proceſs, after the gentlema n 
death, to fulfil the contract, it was objected, That Mn 
diſpoſition not being in favor of the defender, the ce 
dition of the contract did not take place; the Lord 
found the reply, That the defender ſent his ſon wit 
the diſpoſition to Denmark, and that the deceaſed 
tered the ſame there, relevant to infer fraud, being to 
contrivance to evite performance of the contract Stat 
15. July 1681, Campbell. An heir of line enter 
into a contract with a remoter relation, to divide e 
qually whatever means ſhould faf{ to either thro' th 
death of their relation. The eontract alſo contained 
ſubmiſſion of what differences might ariſe, to an arb 
L we to whom, for his pains, they granted a. bos vir 
rt of the ſaid means, and the contfac and bos“. 
ratified by both parties the day after the prediſi ter 

rs deceaſe: The heir at law, to whom the elta 

24 How devalved, raiſed. a FeduRtion of: the contra. 


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ho had now taken right to the contract, qualifying, 
17, That he was impoſed upon by the arbiter, under 
retence of friendſhip, to go into a moſt unequal bax- 
ain with one who had not the ſmalleſt expectation of 
nccecding ; the arbiter having falſely repreſented, that 
he deceaſed had a great. inclination to make the other 


uer's friends to deſert him; the Lords found the a- 
greement and bond were elicited by fraud and circum- 


the rention, and that the ſame fraud and circumvention 
nfatia as continued in impetrating the ratifieation, while the 
wurſuer was yet ignorant that the ſucceſſion was de- 


olred to him; and therefore reduced the contract, 
bond, and ratification. Harc. Fraud) Nov. 1682. 


f one another, to this import, That the ſurvivor ſhould 
druik all; it was objected to the wife, by the repreſen- 


privately, without the knowledge of her huſband, ex- 
cuted a reyocation of the deed granted by her, this. 


an intended fraud, ſufficient to bar her from reaping 


favor; the Lords, notwithſtanding, repelled the ob- 

jedion.' 13. July 1733. Shearer. 4 05 
IN a reduction of a bond of prqviſion, at the inſtance 

of a creditor, whoſe debt was poſterior 

to the delivery, the Lords refuſed to ſu - Latent deed 

[ſtain the reaſons of reduction upon the preſumed 


condeſcend, if he had any particular order to pra- 
ground of challenge upon the head of ted againſt 
fraud. Stair, Gosf. 21. Jan. 1669, ere - crediters. 
ditors of Pollock. And the purſuer ha- 1 
ving condeſcended, imo, That the fon was forisfamili-- 
at, and ſufficiently provided before. 2d, That the 
term of payment was after the father's death; that the 
bond bore no annualrent in the Interim, and that it 


remained latent betwixt the parties, without any thing 


py 


arty his heir. zde, That he had made them take an 
ath of ſecreey, ziio, Endeavoured to bribe the pur- 


atives of the predeceaſing huſband, That ſhe having 


ho? not effectual in law to revoke an onerous deed, was 


any benefit by the deed granted by her huſband in her 


act 1621, but ordained the purſuer to /radulent; in 


following; 


pon fraud and eireumvention, againſt the arbiter, _ 


Ballantyne ——A huſband and wife, during the mar- 
iage, having made two mutual onerous deeds in favor 


\ 


—_ Fi R A. Ul D. 
following upon it. 3 ie, That the debts were all cu 
tracted a very little after the bond; the Lords for 
theſe cireumſtances relevant to infer a preſumptĩve fra 
and eontrivance between the father and ſon to diſs 
point the creditors, and therefore reduced the ſan 
and preferred the ereditors; and even the relict, in 
far as ſhe was an ongrous creditor, but not for a 
Poſterior gratuitous proviſion made to her or her chi 
dren. Stair, Gosf. 12. Feb. 1669, inter æsſd.— A diſpol 
tion by a merchant to his infant ſon, of his whole eſtat 
without a reſerved liferent, or power to burden, v 
found fraudulent, and preſumed done on purpoſe toch 
his correſpondents, being foreign merehants, hoh 
been in a courſe of trading with him before the alier 
tion, and continued to deal with him thereafter, up 
the faith and ſecurity that he was ſtill proprietor, au 
their debts, tho' poſterior to the difpoſition,. wel 
found to affect the ſaid eſtate; and it was not regardeſ 
that the ſon's ſaſine was in the public regiſter, -whic 
ſtrangers are not bound to take notice of or knot 
Stair, 2. July 1673, Street and Jackſon.—— A ſimil 
reduction, upon the head of fraud, was ſuſtained. Stai 
4. Dec. 1673. Reid. —In'a reduction of a diſpoſitie 
of lands, granted by a nephew to an unele, at che it 
ſtance of a creditor of the diſponer's, (whoſe debt 
contracted after the diſpoſition,) upon preſumed fraud 
- viz, That the diſpoſition being between conjune pes 
ſons, did not prove its onerous cauſe, but muſt be preg 
ſumed to have been granted on purpoſe to protect il 
ſubject from the diſponer's debts, ad to have be 
kept latent in order to enſnare creditors. ''Anfwered 
That at the time of the diſpoſition, the diſponer had nt 
dealing with the purſuer, nor for ſeveral years there 
after; and therefore it could never be ſaid the · diſpoſ 
tion was granted in defraud of him; the Lords afſoil 
zied from the reduction. Fount. 16. Feb. 1709, Chri 
ſtian. A perſon granted a bond to one of his friend 
payable, in caſe the granter died without heirs of h 
body, and redeemable by himſelf for a penny. Bond 
of this nature being preſumed to be fraudulent, ant 
granted with a view to diſappoint credirors, the. fore 
laid bond was found reducible ex capite doli, at oy in- 
rr 5 8 Gy = De 


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Fo: RUAFT UD 67 


ance of poſterior onerous ereditors. Stair. Djel. 
sf. 24. Jan...1677; Blair. A party having aſſigned 
bond to his daughters, in implement of his contract of 
arriage, and thereafter contracted debt; in a redut- 
at the creditor's inſtance, the: Lords preferred the 
zughters,. the granter having deen very rich when the 
ia nation was made, and. ſo there was no fraud, eſpe/ 
ally as to future creditors; nor did Street and Maſon's 
ſe, in 1673, meet here, for there the concilium fe auf 
as evident by a current tract of correſpondence. Fount. 
Feb. 1684, Paul. It was objected by ereditors 
gainſt a bond:of proviſion: to children, That it was a 
tent deed; never known till the father broke; that it 
s not ſupported by the father's contract of marriage, 
| which: the provifion was in favor of heirs, and it 
as only payable after his deceaſe; that the bond add- 
a conſiderable ſum more to the children, payable at 
eic age of twenty-one, and therefore wanted an one- 
us cauſe; and tho' the children offered to prove de- 
very, and that the creditors debts were all long poſte- 
ior to that bond; yet the Lords decerned in the re- 
action of the bond, and preferred the creditors to the 
nildren. Fount. 10 Feb. 1688. creditors of Robercſon. 
A PERSON: who knew himſelf inſolvent having pur- 
haſed ſome goods, which, after delivery,  *© 
ere arreſted by his creditors; the Lords One purcha- 
duced the contract as fraudalent,. and ng goods * 
referred the ſeller to the arreſters; it knowing bim. 
eing againſt equity, that creditors ſnould /e, do be in- 
hain by their debtors fraud, to the pre- ſolvent. 
udice of others, potior drbet M condiis 
us gui certat de danine evitando, quam 'ejus qui certat 
lucro acquirends. Stair, Fount. 22. Dec, 1680, Prince, 
The like. Dal, Bruce, 18. Jan. 1715, Main. 
n October 1734, a bargain was made betwixt Sir John 
nglis of Crcammond and Joſeph Cave, for Sir John's 
arley of that erop; in purſuanee of which bargain Sir 
ohn ſent his barley to Cave by parcels, in the months 
Nov. Dee. and beginning of Jan. thereafter.” Cave's 
ireumſtances going into diſorder, he made a diſpoſiti- 
dn of his effects to bis ereditors 21. Jan. 1736; Sir John 
ſiſted in a proceſi, claiming the ſubjeR; upon this . 
ns ER Ins | dium, 


* 


68 F R A U D. 


dium, That the contract was fraudulent upon the pz 
of the purchaſer, who was at that time inſolvent, at 
incapable to pay the price, and therefore was null, 
dolus dedit cauſam contractui, and the property was ng 
ver transferred. Appearance being made for the crg 
ditors, it was anſwered for them, Fraud is not to l 
preſumed; and a merchant, tho'- at many periads hi 
debts may exceed his effects, yet his continuing to tradg 
is not eo ipſo fraudulent, becauſe he may entertain rea 
ſonable. hopes, by carrying on a profitable buſineſs, Mee. 
emerge out of his difficujties, and to do juſtice to ey 
one of his creditors. The Lords found it not releva 
to reduce the bargain for the purchaſe of barley lic 
Octob. 1734; that it appeared by the eommon debtoi 
books, that at the time of the bargain he was ſohye ru 
ſince he continued his trade till the 2 1. Jan. thereaſti ont 
and his bankruptcy was not diſcovered till that: timi 
16. June 1736. The purſuer thereafter inſiſted, Ih 
the date of the delivery is the only period that was 
be conſidered as to this queſtion; for ſuppoſing the cot 
tract fair, yet if at the time of delivery, by which t 
property is transferred, the bankrupt is thinking cede 
foro, and of giving up his effects to his creditors, it w 
fraudulent in him to receive the ſubject ſold, when! 
had no proſpe& of doing juſtice by paying the prio 
The Lords found, The time of delivery muſt be the ruh 
8. Dec, 1736.— The queſtion next occurred, Wha 
period ought to be fixed before the ce/io, at which 
might be preſumed the baokrupt was meditating: ceden 
foro, after which all purchaſes made, or dellvery accept 
ed, by him ought to be underſtood fraudulent? The pu 
ſuer inſiſted, That it ought to be ſixty days, by anale 
gy of the act 1696. The defender inſiſted, That it coul 
not exceed three days, and founded upon the authorit 
of ſeveral foreign lawyers, particularly Simon V 
Lewen, in the following words: E contra tamen, 1 
fides de pratio habita venditori obflat, uo minus rei / 
dominus maneat, & adbuc rei ſuæ vindicationem inſtitu 
poſit ; ſi ſeilicet emptor doleſe biduo aut triduo antequa 
faro cedat emendo merces cum venditore contraxit, uli es 
allet. The Lords found, That the preſumptive frat 
malt be confined to three days before the ceſfobenorun 
3 abi 


\ 


- 


va RU AA U DI | 69 


d therefore found the purſuer i preferable a# to any 
acley. munen ber F A. 736, 
en wel 420 | 
us n DAVID S Smith, as beter anthaving vightby diſps- 
ton, raiſed a reduction of a right, made tun a: 
the deceaſed Lifldel of Craigannet, of - Facility hve 
i lands co Mr Francis Napier his uncle, :J:fon without 
tradgWn theſe grounds; That he was a funple ' condeſcentl-” 
n reeWFouth, and had denuded himſelf of he ing apon ads 
1, ec of his eſtate, without power to eon - N 
even ract a ſixpence of debt, tho' it had been vention. / 
eva ranſom him from the Torks; that 25 
ge deed was only redeemable by his hele-raale;” and 
btot hst it was not read to him at the time; and when be 
hre rrupled to ſign it, Mr Franeis bid him do it, for it 
etained nothing that would hurt or prejudge him: 
hereby it appears, the tenor of the diſpoſition bas 
Thi ot been underſtood by him. Anſwered,” That ſuch 
ras Mualifications had no relevancy in them to inſer the 
e cou eat ſuſpieion of fraud, eireumvention, or-extortion; 
or tho” a wiſe man would net have y_ ſuch 2 right, 
cederiMyct the Lords were not curators to aſl who in chat ma · 
ner diſpoſed upon their rights 3 and that tho it vas not 
en Meben read, it might have been read by him before; and 
priaſ ur Francis, in telling him it wronged” him not, made 
> ruler lie; for tho'ir: wronged his heirs, yet it did not pre- 
Whajodge himſelf. If he had diſguiſed the matter, and 
ich ealled it a factory, or an aſſignatien to the rents, that 
1e might have imported dote but nothing of that kind 
ee pi was pretended. Some of the Lords were for expiſcati- 
pu on, before anſwer, of the youth facility, and any acts by 
malo which He ſeemed to have been impoſed upon; but the 
cou plurality thought it hard to put the parties to the ex- 
ori penee of a tedious probation upon fo weak preſumpti · 
Vaens, and probabilities of being over - reached; and 
„, therefore aſſoilzied from the reduction, and qualificati- 
ef ju ons of fraud condeſtended upon, as no way relevant. 
it Fount. 23. Dec. 1697, Smith. In the reduction of a 
u contract, whereby the purſuer, a very weak and facile 
en man, was enormly leſed; the Lords refuſed to ſuſtain 
frau the reduction, becauſe there were no ſuch qualifications 
run 1 weakneſs in the 33 as . him xo 
an | contract 


— 


the defender, 7. Feb. 1929, Gordon. A credi 


70 „ NA UNDI 
contract, nor of fraud or eircumvention on the part 


having elicited from his debtor, (who was proved to 
- wont and facile man) at different times, diſpoſitic 
of valuable ſubjects, in fecurity.and payment of trifly 
patehed · up claims, and at laſt a total diſcharge of 
reverſion, for an inconſiderable ſum, the debtor at th 
time being much pinched in his cireumſtances; t. 
Lords reduced the diſcharge upon fraud and cireun 
ventionꝭ which was principally preſumed from the fas 
lity and weakneſs of the granter, joined with the ve 
great inequality of the bargain. 13. Feb. 1729, Mai 
land. — A ſimple young man having been mticed4 
renounc@an unexceptionable infeftment of annualrent 
upon getting the debtor's perſona] bond for a leſſer ſuc 
to which ſeveral rigorous clauſes were adjedted; Mad 
Lords, notwithſtanding, refuſed to annul the bargai 
there being no evidence of eircumvention, but what apWcrib 
peared ex-/acie of the deed; but rejected the rigorou 
clauſes, and reduced the whole ad arbitriun boni vin 
Fount. 27. Nov. 1696, Aliſo . 
THE Lords refuſed to find citcumvention, and ut 

| ' tained an alienation of lands, tho' clath 
Diſpofition ed with the circumſtances following 
elicited by a viz. Ino, That it was a contract of wad 
curator upon ſet betwirxt a perſon only fix months ms 
majority, jor, and his uncle, who had been his cu 
SE rator ne quo non, 2do, That at pay 
ment of the ſum agreed on, it was ſtipulated-in the con-ip 
trad, That if within fix years thereafter another-ſmal! 


ſum was paid by the uncle, the lands ſhould: be his-1r-Fperſ: 
redeemably. 3, That the contract bore no «clauleqſith 
giving power to the nephew to redeem the lands. het. 
That the pleniſhing of the houſe, &c. were therein ab-Mof tl 
ſo aſſigned in cumulo. 5 to, That by another writ e bell, 
that date, the nephew granted the uncle a right to fi A 
and draw upon his lands adjacent to the wadſet · land ¶ ect, 
which tho”. it made the fiſhing uſeleſs to the granter . to a 
yet bore to Jaſt as long as the uncle's rigbt to the wad · ſed 

ſet · land ſubſiſted. 6e, Phat the contract was ne vet buſt 


read by the nephew, nor by the witneſſes. m, -T hatplac 
it was made arte redditas rationes curatele. Dur. 4. * 


FR A UD. - 


— Monimoſk.——— It vas found to be fraudulent 
d unwarrantable, for a curator to elicite a diſpoſition 


part 
redit 


d toom one that had been his minor, and juſt entered ma- 
frtioWrity, before his accompts were given up and cleared. 
triſſu ere it was alledged, That the diſponer was of a weax 
of thiWpacity, and the onerous cauſe far within the value. 


at th 
81 K 


tair, Gosf. 18. Feb. 1669, Trinch. 

THE following qualifications of fraud and eircum- 

reunMention, were found-- ſufficient to eut 

e ad ow a diſpoſition granted by a woman Deed not 
even her brother-in-Jaw, of her whole ſub- read at ſub - 

Mai nce, not even reſerving a liferent, ſeribing. 

ced n, That the woman was in a dying con- 

ilrenihon when The granted the diſpoſition, tho? ſbe after- 

ards reconvaleſced. 240, That it was the diſponee, 

nd not the purſuer, who employed the writer to draw 

pace deed, 3 ie, That it was not read to her at ſub- 

atapWcriding. Stair, 5. Dec. 1672, Galloway: 

oro A BOND taken in England, for more than double 

vir he ſum lent, on an uncertain condition, 

vas found not uſurious; but the advan- Later decifi- 
ge _—_ exorbitant, was reſtrifted to ons, 

he principal and intereſt. Falc. v. I. 

win b. 120, Abercrombie, July 13. 1745. 

wad A MERCHANT having adviſed the manner of re- 

s manitting a ſmall ſum, deſigned for the ſubſiſtence of an 

is cuſadigent woman, by her fon ; it was found he could not 

/payWrrelt it on any debt due by her to e Falc. Va | 


con p. 155, Young, July 9. 1746. 


ale A WOMAN alledging a arfvnte: marriage with a 
is e-Wperſon deceaſed, who during his life had lived publicly 
laukWwith another in her ſight, was repelled, perſonali ex- 


ceptione, from proving her marriage, to the prejudice 
2 of the other, and her iſſue. Falc. v. I. p. 279, Camp- 
it ol bell, july 28. 17437. 
d — A WOMAN, who had left * the liferent of a ſub- 
jet, with a faculty of diſpoſing upon it at her death, 
nter. to any of certain friends of the teſtator's, having diſpo- 
vad ·¶ ſed of it to one of them, who promiſed to allow her 
ever huſband the liferent, and gave him a ſum of money in 
Thatſpplate thereof; the exerciſe of the A dT; eraved to 
be 


Ja- ton een e ed * 


_ creditare. - Falc. v. EL. ps , Snodgraſe, Nos. e. 


the ſmall part. not engaged nor comprehended in x 


inſtance of the decealed's anna rg Fele. v. I. 
er Bec. . 1799. ee 


© of the tailzier's —— Fale. vs tA 200 
| feft. having made up his titles, by a- charge to ente 
And infeftment, granted by the eller, „ 


knew at his purchaſe. Falc. M. I. Pp. 13, 
A SUBTENANT 8 remove, * 


— — dy — of: — was ſuſtair 
Falc. v. I. p. 239, Grant, June 53. 7%. 4 
-1;2AS-+was a I difpoſition;: te 4ruſkees,.. in 


AN afligvation/:by a creditor, after 3 2 £11 
byanother, was raduced. Falc. v. I. p-. 305. War ſerv 
Dec. 19. 1244. e i 

A PERSON ee an eſtate, able'top dr 
all his. predeceſſor's debts, and having 16 
bulk of it for debts of his 'own,: (whereupon-a ale w 
raiſed, - which was caſt, as not containing the whole 
ſate),:; gave ſecurity to creditors of his predeceſſors, « 


ſale: This his own creditors-fought to reduce, as a p 
tial preference; which was re Fale. v. 1 204 | 
Cochrans, Feb. 24. 1747. 2 

VOLUNTARY — * abs 0 40 0 * 
after the ſucceſſion opens to him, are reducible at th 


: 3 0 
* 
2 


" A\PROVISION, in a an contraQ- of m . 
riage, of a ſum:to'the-heir-female, beſide : her ſueceſi . f 
on to a tailzied eſtate, made after: contracting debt, v 
reduced. .Falc, v. 1. P9485: exceutors+ df Murr 41 
June 18. 748. e e Fat bf, 

A TAILZIE was ſet aſide. as contrary; to the Fai cc 


Ker, Jan. 23. 1747. iin - Pp n WES * =; 
A PURCHASER: ok, an eftate our en-heiruer I 


and adjudication;-inſtead of infeſting the ſeller p it wi 
found, he could not compete with an heritabie bos. 


* 
* 


July 3. 9 s .. „ bats LE ge BRA 


inſtance of an aflignee to the principal tacks be 


j 


F 4 . 2 


d firſt obtained poſſeſſiam. | 
1 9 he: took: the £ le. 
355. Bouack, une 24. 1598/1 mY TILE 
A PERSON, raudulentiylinifuced | 
is found preferable, on the price-thereof; to the — 
* rr N n ae 
4 PERSON fraudulently; i in . FA pct 
arriages concealing , his eireumſtances, ions 
the wife / and children were found ta his 
ſerved liferent. Falc. v. H p. 865 br. Jaby 
9. As alſo to referved;powers 3 othar 


* im the Kc an onerous 8 
we 43s Blackwood, 18. Jan. 1749 15) 52" 
ATHER. Who was in debt having draus bill 

a perſon eO had his money, in favor: of his ſoul 
ho was at a diſtance, and who indorſed it ſor value 


21. Nov. 1775 24 51 one de 10k Lo od 
\ DISPOSI ON, 3 to 8 ſam . advau- 
I, which-yas not true; and nat. for payment of. deb 
found to be without: any cauie, andre 
| I v. He 2. Corſan, 2. June 1.53; een 
MA TAILZIE: containing unreaſunkble conditigns; 
W dc fraud: of the tailzier' i contraſt. of marriage, was 
duced. MN der v. II. p. 269, Strang, 15. July rsd. 
IC, v. Ip. Doug 225 1771. "#29 8 9 
\ DISPOSITE 


> for a conjuna / perſonl rt the diſponer, was nat 
ud reducible 
ereon infeftment was only taken after the diſponeren 


. 3 Falc. * H. p. 227, 


. unſt haugt 072%. 235} A Sn 
1 Did iSd i e reſignatĩon af remanrati- 
hi} 425 heldcof che da te uf che lofiruiatat; Falte, v. I. 
% Mitchells; 5. Nav. % i HS & 
YOL, II. : G 8 


Wren ee p. 4% inter coſy. 1 3. Ju 2 550; 

ng: ſecurity to h favored ere 

ers, 2 — — the ſecurity - was . 
ed. Falc. v. II. p. 9, Grant, 10. Nov. 1748. 5 

„rHE Ratute: 2621. will not reduee a — 


ſame way not nen Falc. neter 1¹. gro- 


p lin ſecuri- | 
of relief to the; 2 — — entered 


a not a diſpdſu ion. fon an onerous cauſe 


0 
1 
1 
j 
| 


L 


—— 


* DA Ty 0 o aal 


22. Nor, 175%. act 
 ACTUA payment — ——_ Ser | 
under diligence, is not reducible. FaJc. v. 15. 


1 25 E ns Chak, 2 


3 en ga 1 be # . 
reoived gapds (rom 2 merghane in Foreign ber 
knew nat of hi e Aas we be reger 

ovedators. f E . 
— and the property — od 3 116 * 


by e Fac. Col. v. I. p. 9. Forbes, Feb/ 4 


'K SA SALFE-nadedt rob to RE HO 
3 next, hi gs er will be gefen 


Fac. Col. v. I. p, 130, 977 1 
Ti een dg bf 2 ere ron f Hite 


nee beg ho e ! "a 


pF OMA e Wies Ag afterwards 
ſiderahig ppoſit · c the. 


e the money. which he 


F 10 If 

LN 15 f oF 50 

Te 2. 

y;the, 1. — 7 

12 2 5 4 
en PERSON ors when; 1 


1 4 55 


| n 
Heer. ps 1 Px 


| on mo i 
ö ſhe's A : 5 4 4 


BENE | MO RIES 125 Na 
Fen Wa | er ar et Ae ofs- 


Et 


—— 


1 bemerke —— 51 


Agb ity; 
2 yo Sako 


L 


lenzies; Jan. + WE . 2700 EX 
47 U Cure Fog 8m 1; 1. ASTOE: 
SEE Mut 15 xn .916; be: 291 2 neil 19baw | 


| nk * E Æ 33 29d 16 7 | 


Wd 


> 5 12 * 7 


v ANY acemed den base aal —_— 

e Jaw: thetic 

de e —— 
wu A161] 40 —_ 25 4 8825 H ans, banden 


1 dio , .4q. .-. 7-261, + avavilals; vet 


FU, NE AE. CHARGES 


D. * 
A tun for ak apt inft's/ | 
tlemanj; it being. br uri. 
CE 
j * the: 
Airport 215 ns mot exorbitah: 
LE b 3 —— 


1 Fs OR 
* do'vikls; 10 


: b I 17 — up For el to Be 


1 — — 
Ibyics: that the pee: Ne 
* ? 


tf 

I ſtionld'cotint 
ie beiche vſuab p 
en u ehe u 


partifotir rice t av eg ne fghe Be Pry 
p che Retzef nt Ad 1 * 
ort wie 7 | 


yes ge HADAMD dar, 
ie wok ng 4 tf bet iam o Met che 
Re Darts ee 977 r — yo 
70 er ſom of dete, und un ficer of Rate;) 
dien * ao the furniſbers, and to which ſüſe 
l them; e the beir ha- 


9 _ 10 the 
- Tag Ham 


A 2 . . elt. Y fone. 
| ticled 


ours e en . KAGAN 31 


eee ee ks 
her funeral er endes mur Conde lreto-whblethea, 

ti wowrhblcs da emmbafbn, me only ef ner pry 
. 1 


i cot Yes towecur: 
The Ne Ap b 2.5 OTE. ne thee | 
of inſolvency, : tutadailly' j 


ha i 
—_— Haun 


wifep und fe 4 
R Bart uu e 
. —— 8 e th 
| 8 2 m 
0 eee | 
Hfſband· and: wifcgbam ſfo ved n W 
A de feen of the per fo who diey g | 
Suppofing\.abelatebopehe'Faireddþ r 
dran huband \wpowife,: meſtteone 7offor 
| — — rer; aue ae 
; ſe Nam art 1 ue pcie 
— — — — oideg on 
thibgdeathbnkfedlc commdygitbaeprovideer Ni 
dethulles kagobfiBovthnd plroleogorhis et Por dh 
lifes : for:debts: nta an Sufbaad Nm 
win nn e e geht ffen zue 
in commoabnan 1b Tiro bell 
keeping. 58 133 erb lar 90 Ain len iQ: gan doc 
irn Wordzfashd, Phat thy wite'Efaneval\fxþend 
mult be-defrayed/#ugdÞ hor owwſung.o R⏑lRã Du 
5. n Ne 5190 a gag 40; of 
NS. tefkchrus wut Þd auth 
— N conſiderodias wpriv dent 5 digi 
amtiatey niger whtd armor beforsit Wiser ewt 
—_ v. LN SH, Hall 19 JatgBggy „or Alb & . 
4. tea. ad bag. eee Dots 43; # 
1 19231 G0 $8 ' 71" - 
5 „ ATP107 © * Net 74 
38, gunggsand nfs dd be we bet 
CDE eee een pee, 1 2 
d Vole! 12 wat 6d L018 
sis \3 ins), dan * "Neel ea LSD Wd] 
1/03. * ©; . 


GENER Af. bst Gs 
b ENEHN TN erbetene 


6 2 1 113 a > Bed 35 1211920 n = 


$28: 


. 1 l 5 ert 

7 25 0 EE 01. ow 
| reſt 54 b 2 rein 
fa e eee he. 


che CL. 100 18 
U Hen | gnativy was; 3 73 wn 
| e ian dz 


2 


Home e 
eee event make 
428 ed 5 1 


„ Se bes: 


1 WM 2 0 

ee re. K 
en 4 Srair; Jan e e e 15 
4 MAN: init to 218 wiſe;: by way 


pas of fier Jointare, aniabgnnh-// ev SH af Ws 
, runni | in” thefe texmge vine To, Ph ts 
en and; * | OR S 

meg: 2 faumd, 4 re2> f 

5110, chifdten of the merriage; That . 44 2245 
eh a 11 80 8 1 did only oy. 9 40.2 
rry right to the-moveables, and the' 124 


erent of the | Fair--- 
Im,—-Fo — loo 8 


faded naler 6) legacy. of: good and 1.2 
2 F 
ſed havin 1 > potion 49 hathejrs! of a. 


W Wal 43 bond: 5 1288 am fam, 2 — . 


con- 


1 „enen MA GOOD 
139 Yhe er HA ddt e de 


| 2 0 "2 aeg en! Ee 2 
| tive or de r, ſo as to ewe 540 1 
] * 
5 At 
+5 5 (C1 
x - . eis 180 n * 
Ar ITE ; a | x Pg! \ 
Bectaibg Fad much; ah ”Y 
Wal ; 21 iy * 26 | t 19 "I 
Fuat Pub, dat theft pers 
ener; Wars Nc 71 the go 
„ Pogtt, 8 
Age, 


vigg. in 
— a her 9 


: 


ſams 


h re Tara debt can 


Y es land; with non rant 
er e childrew-ob; thilys 
. Alff the gods, g 


— 2 1 vaatracted du Hen part 
2 7:8 [U6Qtra, Her ꝙ Sd 
882 Aid, „That a thee 


WA | KL 9 [7 Ba s buotlo19mo? 


ij $'1- 
: 


—— 


aun Nas bes #5 


Nw not of; cho? ir fell td "= 


Tet 
Ae 
* Feten ye in prints 1 

ib 1 ods: 3 able 

Jad oh 

youth nnn! 

#16.l 243-42 
iN abe td iufeft 
taken Ci Dνjtv eohiveyed dy aigeniart 
diſpoſitton of a debis vad übe df ch. 

per wn Fus Cot, v. Ahe p, 47s Wade a 


2966: - I 8 J daS. 22212 & LOT (6; Uo. er | 
deu L aun“ br gur wi gen en | 
al beffimerivin Ser Pre Rr £101.99 


C73 £--beler 2617. 8362 BLIWESB ION (MG > pI : 


GENERA $41 74 , 518 2 18 0 
[8:35q] "RENU NELATION 


4378 1437! SC Lo {NEON IG. Ve; 3 
od % 0, . 


2 | 
o * 
4 4 . 
| a9 a 7. 
& 
* 


* 
he | 
- FL 


nar 88 c 
of years before the » 
lay, bur'a a Poinding x of 177 


Oe 93 my I 16 299 16121 ls19n2g 4 
ads 


ge fed SITU ge, 4! K 


15 300 1 e 2 42, 79 25 92. _ 


Fg hes 
0 | KA bf | 1 t 
25 fe 7 N Lic 


N 1 2 2 75 $ 
, Frag Tp th 975 dera | . 
= pogo gra Ee ar FL 2 
ſehargy 3 294 Jope 8 e 


0 tte arge n at decreet-arbi 


00 5 MR 1 8 Ralzieep Keen Lee 
; 06 E 
dnfidefable claim 50 180 de 95585 the hep nee 0 


id upon a Se arbitgsl ordaini 
At den 1550 
Aon Ges 


ily; Ty 


lo  Anfwepeds Thare dec 
mid zims; and d e 3 
21 E. was nei 5 1 Nu the time. 
„ js 1 ir ce a ke! 
8 ns 
1 Bo 2 0 Bt 


4 8 0 1 50 
9 


A, 
= 15 


1 Te, 

e al tuft Be 
I ke 1 5; <baypty; 
No Hi 185 EY 


$ "an 4 8 1 
ale * —— ars never W to a 
table 


0 w/ borgeg Abs a 


e of 000 is no in, 
rote +: cat the Abt ood in e 


fan ry Pele i $f 


* 83 * I 
e e F_ gfe 
or relief. e neral di 

fe 5 ＋* cad Parete. Sialr, 
Oxnipbett; E-<A*creditor” having 
charge te his debtor; for whom he was 
but ac hay ur? it was 'cotitended,. pe 
diſcharge did afſb edt off the relief; of the 
ſeeing the debtor 75 in ele bankrpgt 


| and yet chirg was ng. reſeryation. of Br 
07 


" i 
. % \ 
Pr 03 


Hot extend to cantonry and telick, wherdbn t 
was; not diſtrefſed at the time df 5 5 {chat 
, larger) fe, 1 755 16887 
rab diſcharge being ya. CD: 
9517 dilcherg ny ine particufat 
ed Paneer c ond, 
chk could nor extend to 
was*proved; that it was" 45 Tv 
_ pref treated and comtnuned v ry 
12. Dee. i695, 2 — — 1 N 
Ubergtion of all 
tory, was found to in totes d ba df refie fp no 
o' the dedt was not then paid by the'rellaror; & 
a codicil ſubjain'd 8 0 e ppomted, hl 
fame to . — oht of His oA pr Pate 
derlariag, that 15 executor ſhoul 9 
relief,” Gos. 2. J nh 165 a, ond 2 
Srautet hes 


Fama mer e 7275 

the e N e Tops 

ta ke away 'the dof of 55 
fir e ſpecial, bot it was fact t 


pre hende a 


22 


ne detz sede ge 73 


ak wh ts uſe, 
ond | not to gte 
öntract, 2 of *TH 

auſe cou; J 

he like.” 


NETS of © 
0s upon requiſiti 
55 =o cd . the Lords "ALY 

7170 e 19. tbe 


. j 


monfo of 3 | de bl 
of her+pntra n 


4. e 8 
1 pe {41 II ve . 13Y har 
| 43809 30485120 1-5 a 7 5 . 5 — 4 
bene Ks. Hape 4 

nd and 


7 om 
her hu 


* £% 


| emoſtwens; Ce, 25-3 pary chez 
ks Rot " e 5 
85 re e 


hund. 
hay, rgceiyec 3 


$9311 279 


See, . 4 ng a general diſcharge 


Jygned Pr 0 . | debts, fums of money, goody 4nd gut ar ww 


1 240, The grneral diſcharge did not 


4,5 VI! „ co tad > eber 


2% GENERA De 
e renne. nete 


Fe ang the 3 e i 
1 18 76 Aid 279 a 


{erved-: „July 1716, Dundas. 
x beer cn 2 clay FX 5 { de not to trouble 
11 man hy 7 $7.07 8 „Was fon 
Nor an „ obj. hot to binder e. granter the di 
2 pro. in an ee — 4 that, g 
bation. © © cannot. be renounced by a geperal lag 
hay but. myſt, be exprefly mr 


IS ob, 46977 9 Cal, derwood..  ., 187323. A 
If E. Aa found the warrandi i 45 i = 
toa bond, e | 7s 


% if it bearing. a. . an plot oak FIR 
15 1 Fo le booth, ticket >. Sr, a year a, Aelive 
to compre-,, of the alli 4-4 on, but help re it was þ 
hend a debt cimared, r ov. 1 71 
ah ante of _ Ales ander. ay cs ares 


. 'ſomgver, bearing certain onearash. "4 

and, 52170 conſiderationt, and containing . 
warrandice, was found not to comprebend a bond 
ſigved ed ante, tho! not intimatedz imo, Bec 
Foa could not be preſumed to -be diſchangiog| 
nd, which he was not nden. to take P3FMENT A 
eſperially when he:could not know. but merit wan 


nt of. the bond, withopt, whigh 2 ad wy 
be Table tothe 0 pl Tt 2 | 


* 1571 Fe 2 
To —— 


Bega 7 
ewhet ein the 5 5 Thy 4 
_ ipranier hb vs as uſe . 

re „„ * 
Nb. 77555 Sr, M 


22 lee kene. | 


—— 4 


— only od "Ge" of 
TAR, e BY 
Te 2 5 , 2 b ny pr 


Ber va Thi? = Star 155 
g Iich a 
10 a = Fe, 15 


r any 5 e Fe An 


14. Feb: 1633 , Halibur! | f 0 
all dg provifin, * gapd not. to 
byiſion ae 85 5 | 17 
it . f 


nt 2 UL 


Tk , fuk 


re, or an 
not extended to future "rights, or r hope of ſucc elſion; . 
therefore not to the renouncer” g ri gbt, as 2 aud 
fog A pg” . Stair, 27- July: 1636. Baillie, e 
W. at e wg of marriage with Ber . 
0 0 0 1 1 given ture F 
uſe à Ire e of any 1 If N 2. 
ieh could ales her as relict, in o compre- 
e ue fdr dix d 135 by law, or any o- bend legal 
r manner way Fhatſderer, : and ſhe proviſions by 
Jeceaſing - "ii 3 proceſs at the inſtance 
her exec ors Are, the huſþand for her third, (the 
of his ſurviy ot 4557 ot being mentioned i in 'the e 12 N 
Irge), ). the Li s ext ded the 100 diſcharge to com- 
Nen both cafes, Font. 12, July 3701, execnto 
Boes. Fi. granted bond of proviſion to his 
per chiffre hereby he obli ged. himſelf and his 
Pro py thin dor dec ec. that als executors ſhould 
be „7 "therewith; and declared alſo, that the 
mk in Full fatirfatti; ion to the bairns of all 
175 natural, and bairn} part of 1 gear, that they could” 
"fro 7 Birt and ſucceſſors. The father 7 
8 without” teftiment, it was found, That ſeeing thir 
be ai net bez 7 in Lal, of all they might claim, 
"The ' Hther"'s Beirs and frei ors, but only, of all 
— N Eu a6 natural, (in * er words the le- 
Whic vid hot er wok rom the dead's 
25 II. Part, 


175 


hay in Freren d ir, mg. 
V halt 1 ts part. C 1 nt 4 I rag 1 ts a 287 
art. 154760 this gene re unciation. | 


* 
* 
f 
* 
* 
. 
'Y 
* 
1 
4 
4 
. 
7 
4 
j 


%, GENERAL DISCHARGES, e 


part. nor from being, executors; that therefore, gu 
executors, they muſt have the moveables over and 
bove the bond of proviſion. Stair, 13. July 16) 
Chiſholm. The. Lords found, That a diſcharge g 
all that a. party could aſk. or crave as heir to his fathe 
did not exdner aa to what belonged to himſeif as hd 
to his grandfather, tho“ the father ſurvived, and, v 
in e to, the grandfather, but had an eſtay 
Which he got otherwiſe, Home, Dec. 1685, May 
well.. A party having provided his ſon of a fin 
marriage to ſome lands, 5 and taken a diſcharge fn 
him, and thereafter having diſponed other lands 
his ſon of a ſecond marriage: In a reduction of this d 
poſition, at the inſtance of the firſt ſon; the Lords fout 
That the ſole import of the ſaid diſcharge, on which 
defender founded. his defence, was to cut off the eld 
from the executry and moveables, aud wat not to | 
extended to heritage, which. is a-particular of, grea 
import than that expreſſed. Fount. 2g. Dec. 110 
Gordon.—-—-A. woman was confirmed executrix} 
neareſt of kin; after ber deceaſe the next in blood ma 
up titles by confirmation to ſome moveable debts omiti 
out of the inventory of the former teſtament, and 
ſiſted agaioſt the debtor for payment. The defence 
laid upon a general diſcharge granted. by the huſba 
of the executrix, of all he could aſk or crave from 
debtor; in-virtue of his wife's claim for executry, 0 
which it was. alledged afuſt-be preſumed to include 
preſent claim; and that tho' it ſhould; be ſuppoſed ere 
huſband. could not effect ually diſcharge. this claim, 
reaſon titles were not made up in his wife's perſon, , 
that the ſame bearing abſolute warrandice, muſt | 
the purſuer, who. is the. huſband's repreſentative, a 
liable to fulfil his deeds, Anſwered, No preſumpi 
that this claim fell under the, general diſcharge, feel 
the wife had no title-to claim, nor power to difch: 
Replied, That ſhe had the jut ſundatum by the righ 
blood;. that ſhe was confitmed in a part, and had a 
cence to purſue for the remainder; ſo that, in the e 
moſt rigour of the law, there was nothing wanting! 

an eik to the teſtament, which might be done at! 


1 8 
Fad o 
1. 2 . — 
, * — 
0 — 


— 


GENERAL SUBMISSION, Ge. 85 


e. The Lords ſuſtained the defence upon the gene- 
| diſcharge. — Feb. 1736, Gray. * 


roviſion in favor of a younger ſon, 5 

dich he kept in his dun (cuſtody, the bond an uh 
me was found not to be corgprebend- Pre 

in a general diſcharge of all vor ; how dof 2 


pats, e. granted dy the ſon to his' 
8 orb. 16. Dec. 1) rz, Monro. BY. 
fro A GENERAL diſcharge by a'fon'to bis gather, of 
0; eriion natural, and of all tre eduld afk thro! his father's | 


ceaſe, upon whatever 'caufe or occafion, does not tut 
dun the ſon's right of fucceffion to his fhare of the dead's 
. Home, p. 399. teen 22. Nov. 1 


E. N E. R A L. SUBMISSION. 
By GENERAL klauſe io 3 ſubcuülton ict all mut: 


wit of greater conſequence than thoſe expreſſed. 
nd dd. 4. h 1607, Inchaffriy.—< A general fub- 
ce ion cannot give the judges power to pronounce up- 
A bcricable rights. ere TELE, 4. March 1612. 
omi terſon.——A fubmifnen aß ge eral of all contro · 
ies, queſtions, ſums, &c. and tile Jadges having de- 
de ned one party fo renounce two Werde vi tirs, the 
(og H eree was ſuſtained, and the arbiters were not found 


im, have ne, their e Durie, 15. Dee. 


on 4 31, ac. 7 < 


uſt i 
5 GENERAL SERVICE. 5 
N | + vi. Geh wc Whicher'k dien be as bet | 


right of proviſion,. or us heir of line, provided the E 
ad ail 'p*cified. in the ſervice. Rem. Dec. p. 203, Bell, 


ne 21. 1 
\ GEN FRAL Aarvice is 4 lars maus it my Mor Jaw. 


at m. Dec. p. 205. lid. Aa 155 
4 Hz PT 


A FAT ER having executed a bond 77 * — 


ters debdteabte, was found not to ertend to mat- 


GE-- 


_— OR 


1 To. 2 I a. 


* — neShm a — as ah — 


MM > * 
r = Ju SEE” 


W. 2 


ful. The Lords allowed the horning to go out in ges 


might ſuſpend the charge on the ſaid reaſon of want 


their commiſſioner ta the parliament, the king's rere 


38 GIET;of BASTAR DN. 


GENERAL LETTERS. 
592 lined br bill. tharke wid 


FA fuſed general letters of horning for his ſpa 
upon a decree of modification.. He had no decree 
by the act 13. parl. 2690; in this caſe the whole tein] 
aß the pariſh being in he hands of one wan as tack 
man, no diviſion by a decree. of. locality ſeemed nes 
ral terms of tackſmen, heritors, feuers, Ge. N 
application to the meſſenger, conform to a ſubſcribed i 
to be given him by the charger; ſo that the tackſa 


a decreet of locality: Galy the tackſman, in that al 
muſt conſign, the charge being for a miniſter's ſtipet 
conform to the act of parliament, unle(6: rhe char 
would diſcuſs upon the bill. Fount. 15, June 17 
Aikman, | : V TOES Ls. 2M = 74 

- THE Lords ſuſtained a charge upon general letty 
of dene againſt the freeholders of a ſhire, for n 
ing and ſtenting themſelves for payment of, the fees 


being excepted in the act 13. parl. 1690, diſchargi 


eneral letters, and commiſſioners fees being of 
lame nature. Forb. 10. Feb. 17 13, Burnett. 


N s . 5 ; 434% 4 7-294 74 "3308 
GIF of BASTARDY.-! 
uz laſt gift? of baſtardy, with od 


Competition. firſt intended declarator, was ord 
ferred to a prior gift, tho“ having en 
tained poſſeſſion. Hadd. 7. June 1610 Millar. Wi; 


© AN heritable bond granted to a baſtard, was fon 

do come under the general gift of bali 
bat it com- dy; and therefore the general. gift 
prebend: preferred to a poſterior ES one, del 
ning the particular ſum. Durie, Aug 
( Heritable Sums) 9. July 1629, Wallace. 


» * 


or of £3 CHEAT: | 85 


GIFT of ESCHEAT: | 4.7 


uy \ GIFT eleheat being procured at court, I 
pi ao special wuntion of auy horninmg 

re WW<ceding, the Lords found that no 2 'Fortultttes. 
arator e6uld” pas thereupon, ah n. 
e declatatbr itfelf Hdelled apon a 
al hornittg (produced, which” preceded che e. 
d day, and unhe' There Was 4115 no compet "avtns- 
fr, Durie, 20. Nov. 1628, Weftoun. 
PROCESS Was ſtiftained upon a gift of ehe the 
t ſealed till after execurion of the fummons of gene- 
= d:clarator, ſeeing the parſuer prodated an inſtrw- 
ant ent, requiri zh the Keepers of the privy feal, debHo 


0 mpere, to ſeal the ſame, Dutie, 445. July 1627. 
O FurTusT Ape the emen elauſe in 


ſts of fingfe eſcheat, of all that hal! 

appen to be þcqtited; the Lords found ' Gi/? of agli. 

e ſame to comprehend no more but the efcheat bow 

ods and gear e to the 1 — far emtindod 

fees e time of the dendnelatlon and g 

d not ay 18 N Year 120 day after the 

id gift. Hope, (of Horning 5. June 1622, Capring- 

a. — A g ring all . pertaihed tò the rebe 

e time ofh the tabaifieb,” was found to extend to nò- 

ing that the rebel had after the preciſe time of his 

nunciatign. Durie, bent. Feb. 1623, Efimonth. 

orie, 28. Nov. 1646, Kinghorn, . urie, 2. Feb. 

527, Somervell.— But where the gift carried all 

ods nick u Thod)d athuire after the Febellioh, the 

i PWords foünd, That this otight not to be ſuſtained; not 

en tho! feltridted t. to all goods that he ſhould acquire | 

ithin a year after the gi gift. Durie, penile, Feb. 1623, | 

d. Eff ray — But thereafter the Lords found, _ 8 

at ſuch bearing to all he had or ſhould acqu ire 

I! relax , duh to extend to all s which the 

del had the time of the febelfion; 'c {what he ſhould : 

gufre withih a Year after the date bf che gift, he re- 
aning anremxe& an (hat time; to weh — they 


H 35 | found, 


Y 
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— — 28 8 REID. 
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— — —— —— — 
TY. 


90 GIFT. of ESCHEAT: 
found, that the giſts of that tenor could be extend 
at furtheſt, otherwiſe it would confound gifts of {ing 
and . liferent-eſcheats. Durie, 25. Noy. 1636, E 
.Kinghorn.—— The like. Durie, 10. Feb. 1642, Mo 
at. Stair, 2, July 1669, Bow.—— This clauſe in 
gift of an eſcheat, Al that is due the time the box 
on that the rebel ſhould acguire at any time tbergafi 
was found only to be ſtile, and ineffectual beyond whi 
was due to the rebel the time of the gift, and year a 
day thereafter.; and what is beyond that, muſt: \ 
compaſſad by.a ſecond gift; and. found the ſaid 
ledgeance competent, not only. to a. ſecond donata 
but alſo to the debtor, being excluſive of the firſt dog 
tory's title. Falc. Fount. 23. January, Home, 
March 1684, Neilſon. Falc. g. Dec. 1685, M“int 
and Somervell. — A. gift of ſingle eſobeat, beariz 
not only what pertained to the rebe] at the rebellſi 
but what had fallen, or ſhould fall, accrue and bel 
to him during his remaining at the horn, was found 
carry right to a debt falling due to him many years a 
the rebellion. Forb, 8. ' ount.. 9 Feb. 17 12, L 
Minto. )J 
FOUND, That liferent-eſcheat can only be extet 
d to lands and heritages pertaining 
Gift of. life-. the rebel the time of the gift. 
rent eſcheat, ( Horning ) 25. June 1622, Dickſon 
how far ex- Found, That a giſt of liferent · eſehe 
ſended? bearing all that belonged, to the rel 
. the, time of the denunciation, .. can 
be further extended, and that it cannot comprehen 
either the ſubſequent crop, or any goods and gear 
quired after the denunciation, and before the 31 
Hope, (Horning) 7. Feb. 1623, Buckie.—— A gift 
liferent-eſcheat, whether it reaches caſualties ariſing 
ter the date of the gift, in competition with a new gu 
debated. Spotiſ. (E/chear) 8. March 1628, Dovgla 
_ © THE firſt, gift, with the firſt intented action, v 
| 7 preferred to the ſecond gift, tho? cloti 
Competition with natural poſſeſſion. Colv, :- D 
betwix! gifts. 1588, Graham. Col. Jan. 1 
of. eſcheat, Ld. Colutbie. Stair, 6. Dec. | 160 


GIF Tio ESCHEAT. 53 


rnit The firſt gift of eſcheat, tho taken, npon 
e erpences and for the behoof of the rebel, var pre · 
cred ta a poſterior gift taken againſt him, he being re- 
ed n declarator was intented upon. the lat gift. 
add. Feb. 1601. Fleming Two gifts of eſcheat, 
tl 84" the ſeals in one day, were declared torbe. cha 
ined, and the. donators brought in equally.: Here 
firſt citation in the declarator was not regarded, 
cauſe both declarators were alledged to be informal. 
tair, 21. July 1665, Dickſon. In a competition 
twixt two donators to a liferent · oſcheat, the Lords 
| eferred him whoſe ſummons of declarator was execn- 
don d three days, and the day of compearance alſo three 
, before the execution and day of compearance of 
te other ſummons, altho' the other's: gift was a quar» 
r of a year dated and expede before his who was. * 
rred, Durie, ult. Jan. 1635. Ld. Renten. 
A SUPERIOR. after tape of year and day, grants 
g a diſcharge of the liferent eſcheat, 
d of the ſame date making a gift of the Competition 
me, in a competition anent the mails betwixtagift 
ad duties, the vaſſal was preferred, be- of liſerent e. 
auſe a diſcharge 5 is of itſelf -a complete  ſehaat; anda 
gal deed, without need of further ſo- diſcharge of 
mnity: whereas, tho' the liferent- the ſame..' 
cheat be eſtabliſhed in the {uperior's .. 
erſon ip/o jure, by lapſe of year and day, yethois: 200 
nuded by a gift, until the. ſame be. intimated by a 
eral declarator, inſomuch, that à ſecond gift, with 
e preferable. - Stair, 19. June 
d09, Scott. 
A PRIOR. :donator's back⸗ bond, bearing. That he 
ould uſe the gift by advice. of the - | 
ord Theſaurer, he being refunded-all. Donato 
s charges, to the effect that no ere- n. 
tor ſhould be prejudged; this donator | 
evertheleſs was found to have good right to the re- 
ls goods, as long. as there was not a creditor to claim - 
e benefit of the bond, altho' another poſterior dona- 
who was not a credigor, offered to ſatisfy him all 
Is charges. Dur. 25. Nov. 1626, Erl Kinghorn 
he lurreptitious æaking out a gift oferheck, without 
S235 


| 
| 1 


— B44 > vs 


———— —m — 3 — - 
Sr 
- * K* 4 * 9 be — 2 k , — 


The ſecond donatot ebming thus to have right to 


preferred the Ert gift, and infeftment following ther 


Brehouds. . + 


92 CIFT of FORFETTURE, &c. 
x back-bond, after the ads of excheijuer and 1861 1 
1663, whereby gifts are prohibited to be expede till i 
donators grant bark. bond, was found" not to benefit 
donator, but that the pit. was qualified even agil 
ſingular ſacceſfors, as if a back bond had actually bs 
granted. Stair; 22. Feb. 1 55 Theſaurer-depute. 
A GIFT of ſingle and 'liferent-efchear being 'bil 
| dened with an annuity to the rebel':! 
Babonrof Ex- dy, which ſhe krad by à forcher hüfbat 
theguer fun- | another crethitor applying for a ſccuiff 
i bythe rf gift of eſeheat, compearance was" agaiiF<< 
Ne, make for the "Yady; and, upon Jebat 
the Barons reſtricted her annuity to a [6 
fer ſum, and burdened the ſecond gift with the ſam 


balanee of her jointurr; n a purſuit for the Tame it 
found, That there was à fer gun, to the Iady'byt 
erst gift, and the Barons 0 After which they h 
own, © to reſteit the aunuity. Tm 28. * 164] 


6187 ot rata Y 


ps Aa competition berwixt two gifts of forfeiture, th 

one being ſix days prior in date, but both. preſence 
to be paſt 115 exchequer at ohe time, and the exchequt 
fo far preferring the poſterior gift, rhat it was firſt g 
viſed and paſt, whereupon proteſtation and init 
ments were taken by the frſt Uonator,” that 'this pff 
ference ſhould no ways prejudice his gift; the Lot 


ofteri 
n 


on, altho' the faſine was thirteen month 
to the faſine upon the other. e 12.1 
Viſeotht Tevict. . ; ci: 


3 105 2 


rr of: NON-ENTRY. C 


c=% <4 3436 Wit 161 1 uc! 

1 orrr of adn-emnty "wits foul" 

| hes Ti come. not tb extend to non-entrits' Fr er 
T7 


en arter ths date 5 


GIFT: of WAR D. 98 


it Now-entry ) nüt. July. 1543, the Queen and Edward 
£114 wart. A ſuperior, haying granted — ——— 
gift of the non-entry-duties, ſame was found not 


fit t 
gail 
y be 


> comprehend the ſeu · duties that fell due during: the 
u-duties was ſuſtained. - 23s Jy 026k, Viſcount of 


** rbuthnot. 2 A - 

x 1 THE firſt donator of med, non;entry; &c. having 

fh xecuted a ſummons againſt a ſecond doo 
ator, was preferred. to him, altho', the - Capepotitzats. 


ond had obtained firſt poſſeſſion. Balf. . hetawoxt. gifts 
Double and fraudſul alienations ) 28. of non-entry. 
ply 1541, Edward Stewart, T Wo 5 

ifts of non · entry being made by the Sovereign, che 
ne to a ſtranger, and thę poſterior in favor. of the 
aſſal's heir himſelf, who accordingly was in poſſeſſion ; 


ve i * Lords, in a declarator ſued at the inſtance of the 
7 1deſt donator, preferred the ſecond; becauſe of his 
* oſſeſſion, tho“ poſterior tempare, and his gift never de- 


lared. Mait. 14. Feb. 1566, Rollock. The laſt 
Witt of non- entry being intimated to the tenants, was 
referred to the firſt gift, altho' the firſt donator had 
ed 17 ey maten, Balf. * entry) 2. April 


3 28 ea. r 


* 61 T of WARD. 

be? . GENERAL. gifs of 3 ward and carriage of one 
s 5 ; who has lan holden of the king, / 

I me in taxtward and marriage, and ſome Gift of ward 
ner ntared, the ſaid gift will comprehend and 2 


paly the NN lands, and not the tax- age. W 

d. Hadd o. Jan, 1612, F 

ifts of war 75 not comprehend raxtward, unleſs ex- 
preſſed, for taxtward is look'd on as a part 'of his Ma- 
eſty's fixed rent, like a feu-duty, for which the ground 
= ay be poinded, whereas. fimple ward is caſual, and 
ach only uſed to be compounded for in exchequer : And 


fol ere the defender had other SE untaxed, which 
cope ere the proper ſubjed of the gift; Harcus, 7 ard 
Ball: Feb. 2657, Blair run mond. e Lords found, 


on · entry, and therefore the ſuperior's action for theſe 


That 


2 PEI "I 


an - — * - 8 3 — =_ 2 — 
. r a "I" > 3 FTA * 
9282 K 22 52 1 7 — LE — 
* 7 24 — a =. as es 2a 4 : _ C — — = 
r — EX: 


1 GLEBE. 


That a gift of 'taxtward, did not defend wgainft, : 
'comprehend a ſimple ward. Fount. 23 5 1. 
1687, Lord Chancellor. 
'FOUND, That a gift of ward and non-entry coil 
be no 8 extended but to the ng 


: 0/ wart and entry of three terms, after the 'majori 


en, of the apparent heir of the lands. Hop 
 *(Non-entry)-Duke of Albany and Yay 
3 was found, That a gift 6f non - entry, ſubſec 
to a wurd, gives only intereſt for three terms after! 
ward expires; and therefore that a new gift muſt 
taken of the non- entry, and a new declarator obtair 
thereupon. Auch. 3 er Feb. 1632, Mal 
well. Hadd. july 1611, L e e | 


124. Feb. ar ringſton. 


6 L K 6 E. 


EE rangi tbe 
Bhat mini-. ers of country parifhes, and 
Fer: -entitted thofe'of royal burghs, are, 'by Hite ac 
u gebr. parliament; to have glebes, yet 

Lords found a glebe ab to the minili 
of a burgh royal, in reſpe& the act 21- parl. 1663, 0 
ly means fuch-burghs as have no tandwart at all in i 
pariſh. Newb. 17. Dec. 1664, Anderſon, It 
found, That the miniſter has right to Crave, als to 
:deſign'd to bim out of the land ward parith 
of L. 20 yearly for foggage, reſerving to * ol 
whoſe lands the ſaid defignation ſhall be wage, b. 
relief againſt the reſt uf the heritors of 1 80 5 
in the pafiſn, conform to act 21. Parl. 1663. 
25. March 1685, Williamſon. 

TN m 1618. one Ark being guid 


- Kirk being u. te another, by ad of parliament, 


mired, the mi · firit having à glebe, and the other n 
miſter vas having had any; the Lords found, 


right to'beth werthelefs, That the miniſter _copld 1 


pbeber, © be excluded from fecking a glebe in t 
2 ., ther 'alfo, altho' . E . 


G. L. E B E; 95 
ve two . 775 D Huck. (Glebe) Spotiſ. (Kirk. 
trimony) 22. Jan. 1631, R 
THE * 3 age eiter the deſignation of, 
augmentation of a glebe, and refuſe 
col remit the ſame to the preſbytery, wi  Prebytery's 
n ructions; they having made: defignas Juriſdiftion 
on out of lands that were not church» in deſigning 
ads, tho” there were church-Jands in / gpleber. 
e pariſh, and had appointed the private: 

__ 20 foot. broad; Cc. the' "they al+ 


que 4; to the glebe to 

er aged, That the preſbytery! s juriſdiction in ſuch defi 2 
uit tions was privative, as the biſhops was. Fount. For 
tn Dec. 1710, Potter.——It was found, That it is 


the miniſter's option, either to take L. 20 for his 
aſs, or to ſeek land to be allocated to him for that 
e; but that the preſbytery muſt not pitch upon arable 
nd, that has been in uſe to.be tilled, yet ſo that heri-. 
rs, on the ot hand, muſt not, in emulationem, till 
dat which was in uſe to be ley, ſince ſo they might 
e nothing for the miniſter but moſs, muir, hills or 
muh cky Fons to the defrauding; the good deſign of 
_—c law, and the miniſter's mani feſt prejudice, Fount. 
a.. Jan. 1112, Steel. 
nE Lor s ſuſtained a def tion: of a glebe, altho' 
was not meaſured, bec e the de- 
nation bore, That the aer was Form of de- 
in (WS nred by the defender's ſervants, who. fignation. = 
dreatned the metſter, and would not | 
fer the commiſſioners to uſe the order appointed by 
Wo a of parliament, ſo that they were conſtrained to 
out "go the glebe, without metting, according to their 
| n eſtimation. Durie, 5 „July 1626, Kerſe. The 
ſignation of a glebe was 93 null, notwithſtanding 
bore to be made by the moderator, and others of the 
eſbytery, with tlie advice and aſſent of the whole el- 
ers and honeſt men of the pariſh, beeauſe there was 
one denominated*/þecifice, nor did it bear, That the 
reſbytery had given warrant to the moderator to dee 
= it. Jon (Kirk patrimony) Durie, 13. June 1628, 
d Vilamilton.—— Ina removing at the miniſter's inſtance, 
in Meainſt the heritor, out of whoſe lands the glebe was 
won * the deſignation. was foltained, tho' the inti- 
| mation 


ew. 


—_— — We ” 


1 GLEBE. 


ere pg 

ell ation, it edged as conſtant c 

e . is only infima ion oem. at the Pri- doors Yr 
jan Tbs! te of the day. of ns Stair, 


| ber a miniſter may get the Kick las 
1 'neareRt to the kirk and manſe deſigned 
fits, out” 7 him, altho the ſame bad been Jateh 
what lands built up * dwelling- houſes. Had 
de rable? 6. Jan. 7894. 'Cunningham.——-Thek 
nd, ino, EB Fit being altered from a 
kirk land.. place of a pariſh to 5 with "cog 
ſent of the pariſhioners tho wihout 8 
act of parliament, or of the commitlion, yet the mi 
ſter wanting 2 manſe or glebe, or part thereof, th 
Lords found, That what he wanted might be deſigns 
to him out of the kirk lands lying ve eweft or conver 
ent for the new kirk, becauſe of the confent of the pi 7 
ſhioners. Auch. {Glebe) 3. Feb. 1629, Cheyne.— 1 
Lords found, That the 48 act, parl. 1572 was concen 
ed as well in favor of the heritors, as of the miniſte 
and therefore, if there be church lands of 'the ſat 
holding near his manſe, that he muſt not pick al 
chooſe to deſign land that lies remoter from him, by 
cauſe better. Fount: 1. Dec. 1680, Muir miniſter 0 
Faſerſburgh. - 
IT was found, That a miniſter may get his plebe d 
| fign'd, altho' the lands be meadow an 
240, Arable myre, and part thereof houſes and yard 
lands. fet out to feuers, becauſe the word afh 
7 Je lands, in the act of parliament, is cot 
ceived in the miniſter's favor, ſo that be may ſeek 0 
ther lands, where there is no better to be had: Anda 
to the houſes, yards, &c. the Lords found, That! 
could not be debarred thereby, there being no othe 
kirk-Jands in the *. Durie, 1 3. July 1636, LX 


mont. 
FOUND, That biſhops lands, altho 
3 io, Biſhops | moſt any to the manſe, cannot 
and abet © deſigned where there are abbots lands 
land.. the pariſh, altho' they have been pole 
— ſed by miniſters, and environed by th 
maß 


S 


2 er 75.2 ied $2. 
rr . 


32 
— 
5 Ea => _ — 


— 
—— 


— —— 
<A 2+ SS, 


a 


. TT 
2 > — we. Din — — 


— — 


- - 0 
Ds LS EE ag 
—_— — — — — — — — — 0 — 1 

* 


5 * * — 
+ 2 WE. - 


. Rn 


ſe and eld: glebe. - Hope, (irt) 28. June, Nicol- 
4 2. July 1628, Nicolſon. In 2 re- 
g from a glebe, this defence, That there was 
id nearer than the Hand: deflgned within the: reginds 
an abbay,' was repdlieyy becauſe the -aþbagy 
xed to the crown, and the lands 7 
rer tilled. Dur. 13. Feb, 1629, Dunfermline. 
—A glebe was found not deſignable gut of the ab- 
y lands, where there were parſons lands; Which the 
rds found ought firſt to he diſcuſſed; altho' the ſame 
e feued of old, and a part of a town built thereop, 
| conſequently not arable land; yet the feuers were 
and obliged either to remove or purchaſe another 
be to the miniſter; and this, becauſe the ad 48, parl: 
5, ſeems to extend as well to the glebe as to the 
nſe. Dur. 24. July 1629, Nairne——In a dii- 
e about the deſignation of à glebe, the Lords found, 
t abbots, priprs, or biſhops lands, ought to be firſt 
— | csned. before lands belonging to a chaplainry could 
(claimed, altho the chaplain lands were at hand, 
| the other three miles diſtant, which is a —— in- 
rveniency to the incumbent; and found, hat the 
of parliament, ſpeaking of contigvity, is ſo to be 
derſtood, that * mal eweſt lands of the ſame. 
1d ſhould be deſigned, Dur. 13. July 1636. 
liburton.—— Parſons lands mult be honed, in;the 
place, for a glebe, before biſhops lands, according 
the ardef of the act 165, parl. 1593. This fo 
the parſons heds were. feued out before the act, 
i built with houſes incorporate within a is | 
ur, 25. Jan. 1665. Parſon of Dyſart.. : 
Na purſuit at a miniſter's inſtance a- 
nſt the heritors, for à legal glebe, 410, ate, Temple 
ls, Ge. temple lands were found not. lands, - | 
be kirk lands in the ſenſe of the act of | 1 
r Fount, = Feb. 1698, Duncan. $17 43S 
EBE once de d and poſſeſſ- ä | 
the Lords refuſed ow any new - Coney we 
igbation; but t here being a queſtion * ris. * 
ut the quantity, 3 ordained ii to be' „ ſecond 


meaſured of new. H 5 
5 Nairne. A wie 2 22 drfgnation. 
SEHK . upon 


58 AL kB. | 
upon bis deſignation to infeft him therein, and the f 
er ſuſpending, on this reaſon, that there were kit an 
More Surf; and the miniſter anſwering, to fortiſy 
deſignation, That his predeceſſor had poſſeſſed the ia 
för twenty years” before, as glebe; the miniſter u 
preferred.” i Hadd. 7. March 1610, Henderſon —_j 
mantle and glebe, long poſſeſſed by defignation out 
ds holden bf the king; and meſt eweft, were 
10 Hear” It new deſignati ion. Fate ee ee, 
e. 1621, Clark. -A preſbytery having — | 
nb glebe to à miniſter, on pretence — the 
was Säiten ground, aud at great diftance — 
manſe; the Lords, in ſafpenfion of this defignatit 
found, That there could be no deſignation of a5 
ebe b Joy preſbytery, till it had firſt been n <q 
fore 4 judge competent,” whether the firſt was * 
ent; an y found, that they were not impò 
to change the glebe that had been poſſeſſed paſt m 
mory of man, by giving a new one; but if there'y 
inconveniencies, cke miniſter might parſoe-Ucekk | 
before the Lords, to get them amended and ve] 
Andi therefore, their Lordſhips reduced this ww 2 | 
nation of a glebe, reſerving his legal remedies as 
cords of the law. Forb. 24. Fount. 27. Dec. 10 
Linnen. 
IT was found, That the: minſter tray get paſt 
and feuel in any commonty where 
fever has paſturage, but not within the Fus! 1 
feuer's property. Hadd. 25. May 1605. Pafturoye 
 Nairne, —— A dener found entitled 1 
(beſides his four acres of glebe) to a horſe and two co 
aſs out of the viear's lands next 2 Hurie/ 
Fab. 1630, Hamilton. See act 21. par]; 16539. 
AMäNs feu bei that which was of old che vie 
manſe, which was diſcharged to be fſtu - 
ed out by the ſtatule 1863, and being Rely _ 
now deſigned and evifted by the winifter potent i ef yy 
for his ſebe; the Lords, neverthelefs, Bertier aig duc 
d lic his relief off the orher poſſef. land ff _ 
2955 r -tands in the periſh, and this, A n, 35 
1 


hh feu was not engel till the | 
hel gratited" in 1562. Darle, 13. 4 mi} 


GROUNDS and WARRANTS. 9% 


. Cock. In the ſame caſe, ohe of the poſſeſſors 
ding his lands new;of a college, to which-they were 
| tified. before the act 202, parl. 1594; which appoints 
lief, and ſo feeming to ceaſe. to be. kick - lands; yet 
Lords found, That ſuch lands ceaſe, not to be kirk» 
ds, and therefore that they oughk: ko; pay for re» 
ut f. Dorie, ibid. 
\ MINISTER ofan nid paridh, who has three glebes, 
each below the legal-Gandard, hat taken 
ater deciſi. together, above it, and alſo ſufficient for 
. : grazing a horſe and two cows, is not 
entitled to an additional deſignation; ei- 
tier of arable land or graſs. Fac. Col. v. I. p. 244 
\orbes,, Nov. 26. 1955, 
note tl E graſt mail to which a mjoiſter-is: entitled. by 
1663, Cha; II. is payable by the heritor of the 
areſt kirk- lands, but he has proportional relief from 
e other kirk lands in the pariſh. Fac. Col, v. I. p. 258 
uric; Oc. Dec. 12. 1766 
FUND, That; in virtne of the at #1, parl. 16633 
; ind may be: aſſignedl to à miniſter for graſs, the 
has been in uſe of being ploughed up for three years, 
de lying id graſs; for three years ſucceſſively, Fach 
dv. I. P. en Hodges, Feb. 27. 17356. 


Ko NDS and WARRANTS. 


Na rodu@tion! of 2 deeree, the Lords fonnd; That 
the defender was not obliged to pro- 
ce the execution of his ſummons at the Ra 
illance of fourteen years. Col. Feb. and other 
uri 83. Gordon . After twenty years, warrants, 
arties are not bound to produce the anmeceſary, 
arrants of theiegecrecs, which are in uſe after twenty 
be left in the clarkahands, viz. ſummons; gra. | 
eccutione; ſupplement, and execution | 
creof, charge to enter heir, Cr. and therefore, in a 
| duction and: improbation, certification was oply ſa- 
ined againſt the grounds of adecree, and not againſt 
ie warrants. Stair 18. Feb. 1675, Bron. Certifis 
ation, in à reduction and improbation, cannot paſs a- 
mt nn ve, unleſs it be ollered 


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ERuſſel. The want of the execution of the den 


na les thanchirty (ix. years old, and the. appriſeri 


— EW 
Aug * 
* 
* 


to be produced. Fount. 14. Nov- 1678, Dulmab 


Tt 
— 


. Getergl-end decree of conſtitution again | one; 1d 


— — * 
— 
r 2 5 
" 


td be proved by the defender'sonth; chat theyare t 
extant, and kept up by him. Fount. 20, June) 1 
gtrachan. it was found, That after a long init 
of time (In the preſent caſe it was fifty · ſeven yea 
oompriſer could not be urged to produce the:awvarr. 
oftys 'vomprifing, + Dur. 19. July 163 , Kingbo 
Iz an improbation of a: compriſing; the defen 
was obliged to produce the executions and warrant 
it, tho?-it was xwentye years fince its date, becauſe th 
clerk, in this caſe, is a private perſon named by him 
for whom be is bound to anſwer, and from whom 
may take up the warrants. Dur. 24. March 16 


ation of a compriſing, is not good to annul the cc 
priſing after twenty eight years. Dur. 7. July 169 
Nicolſon. Ina reduction and improbation, an 
priſing being produced; the Lords refuſed certificati 
againſt the letters and executions of the appriſing af 
ſo long-time, the appriſing being led 4220 1621; a 
the proceſs of reduction not raiſed til} the year 165 
Dirl. 16. Stair, 20. Newb. 20. Nov. 1666, Blackwot 
= The Lords found, That pe longum ng 
executions of a compriſing needed not be produc 
in an improbation, theybeing ſet down d the. dect 
fince no leſs than thirty years had paſt before improbs 
tion was raiſed. Gosf. 19. Feb. 16690, Swan. 
an improbation of a compriſing, the Lords aſſoilii 
from the production of the executions; letter und cli 
of appriſing, becauſe, the decree was pro bei 

poſſeſſion by virtue of fit; but found. That the bond 
and other grounds of debt on which it ras led ongh 


There was found. no neceſſity ta reduce lettets 
appriſing, or execution thereon, being uf ant old dat 
but it was found neceſſary to inſtruct the debhin when 
on the appriſing proceeded, anytime within: the 

preſcription.: Stair, 11. Feb. 4681. Keno wan 
IN reduction and improbation of 


ſpecial char - charged in generalita enter heir; ayd: 
K an adjudication following * a 
k 4 | 2 ore 


- 


G ˙ 10 
eſuſed to grant certification apainft the. gener 
— 2nd 2 — after twenty years. Forhs 
Feb. 1914, Moeriſon. The want of 4 ſpetink 
arge, even after twenty years, is ſuffeient to — 4 
cumulations of an '\ndjadication.n 8. July 4/757 
1 Ga 3 of tke executions — 
e es twenty years, q is 0 Mn 
ound — | 26, Nvs ig, Cockbarn, & 
IN a reduction of a decree of removing the e 
ſed to reduce for not production af te ͤ A 
raing and precept whereon decree had Bae and 
Howedz::af' deing in ( te anivoua;": vid. rem yn 
teen or: eightren year befor: C 
. Dec. 1577. Forreſter provoſt of Stirling. Other 
'F warde was but ſeven. Tears Dee e610, Ro- 
rtloen ;. 51. "I N 
THE Lords found; Thar — is. not. 
und to produce the edict whereupon | - : 
o decree-dative proceeded; and that gad. 
t not recording of the teſtamenti date, 
the tommiſſaries regiſter, eouid be no Prousd nin 
ns He teſtament, ſince” it was hot the” exetnror's 
7 the clerks, Newb: 2. Feb. 1668, Rer. 
A PROCUR ATORY for uſing an or- 
r of redemption; is a ground and not | Prieutatong. 
warrant;and'therefdre muſt be produ · for uſing a 
d in a reduQion and improbation, even order of * 
ter twenty years. Harcus, 7 Improbu- dp, 
n and reduttion Juan. 1683, Bogil. 
FOUN D, Fhat compriſings, whereupon fafites 5 
feftments were expeded; could not be 
eerned tb make ho faith for not pro- cri. 
ion, ſeeing they remained at the figs 
t ber the wurrunt of the ſea} the time of txpedinig the - 
macure for infeſiment; and fo the party couſd not be 
—— the ſame: But if no infeftment had 
vwed onthe compriſing, they found, That it be- 
ved ta be produced? bectoſe iv ws to be f | 
the defender o hands! Durte, Spot. (Improba- 
n) uli. Feb. 28, Niehfunle But thereafter this 
ing eee oauſe, ti Lords vefuſod to- 
17 oll Jig-5601bs NE gira 


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r GROUNDS a5 WARRANTS, | 
give anſwer upow the general, but ſyper ſod] at 


dnicwelete to bd ſatizfieds av which — 

ed they would donfides what-conprifage ſlwald Ge 
doery; and: What net. Spori.u(fmprod 1 
1694; Lord Chance hey. Certification ii 


e agninſb un apprifingg it dhe cinfeftienr desen 


Stais/ 2b, Jan. 1669 — — 
year 1626. 2 appriſings Were lefi at che grout ſeal; ant 
virrants of infeſtweqwofollowing thereupon: and rhe 
fore charter and ſaſineh upon aũ apprifing;:dated | 
thb 1626, were ſaſhained, and: certig cation refaſtd 
be granted fof not producſion of the n * 


: 29: Joly 1680, .Strowan,.<—Thulizes,, 


ir- 8 40 rf -m fn ih ni 
THE Lords ſuand a defander'i in eee a 
probation, was not obliged to pre 
To ſuppart a ny other grounds and warrants'of the! 
aacite; the de- eree, craved to be reduced but -only f 
Fender bonn as had been his own proper 
Þaly-'to pro- writs produced by himſelf i» 1 
due thei. li or otherwiſe ; as for inſtancey»if i 
eu. In tain a decree. on a. bond, if that e 
war rann: be afterwards quarrelled in a redudh | 
which belong I am bound to. 1 that bond, ed 


a A., * urſuer get certiſication a 


t if ih f yh writs, by nich 


| proved the paſſive titles on the defender, or by whic 


proved he acted as tutor, (as in this caſe) and hic 
recovered but of third parties hands, I am not Wound 
reproduce'theſe, hen you call for them in a u 


of the deeree. © Founty'2. Feb. 1693, Irvine. 


CERTIF ICATION wes even refuſed againiſt a 

cree of an inferior court, pronounted 

Decree of a dre eightſcore-of. years ago wchan 

iti of apprefing following thereon,-and! 

cart. ſeſiment ape the deeres in 

623.99 ing to be dn thercievk's bands and 8 

the party ought regulatiy to condeirend tba 
yet that could not be required eff rontimss 

big JulyopsB6, Strowan./«c heave! ew T4 

Fe ofa Yamily;2in+a>eedugioniof a bond 


blood 101 DR 05 bus 2b d 31085} 


HEIN and BER CU TO wg 


erben (gran inddto 2.7 dungeon, ber uv W /g 5vi 
tamed, dhe fame to be foond £31: of hondre; 
guicbed by; ſatiafaions aud craving it du, FA 
be — up to him the Lords con- be giveh 
red, that; 3 writ. log — =Þ ta h - 
le theyordainit to be canclld in alrara amis u 
n preſence ; but when it is only found 126 ννον,tH 
U. — if it lia in the ejerk's js 0051 why 
nus, as: a warrant for: the decree-y tha, therehy'the 
ree lies open to be challe for forty ycara by 
uction reductive; And fo the Lords reſuſed the da- 
e of the bill. Fount. :29- June 1699. Northels. = oC 
LETTERS of general charge, upon 2 
nich an inhibition proceeded, need not Longs decif- 
be produced. after twenty years, tho an N 
party does not deny that he has them. 
ics Col. v. II. p. 62. Wilſon. July 6. 19 . Þ% 
[T was found, neceſſar y: to produce the groundꝭ of an- 
riſing, led ia 1644: in a competition with a poſterior- 
priſing, wiah. regartl to the reverſion of wadſet · land 
tained. in both appriſinge but poſſeſſed by: neither- 
the parties... Fac; Col. v. „H. Pe 365. * 
ane ti 5=41:99 Ws 


* 
2 
_ 
ne 


ay 


3 3s | 


HEIR and EXECUTOR... 


| \- N-aQion of Spule neon; . 1 eh 

\ the inſtance of an heir tho the- Helr ſuing» 
bs ſpulzied were moveable, becauſe: for a move>. 
ar and day was paſt, and the N ol G08 0 
ot ſued by the-executor,: Mair. „ 

arch 1397, 8 8 

IT was found, * the doeafedty be # Pg v1 
ir- has, intereſt ta improve; the nomi- Heirs FINN 
ion of an ĩrreſponſab exgentor · in a teſ · e in the + 
ment, became, ifithemoveables he em- moveables. 
z210d; thedebirowild fa upon che heir... ee 549 
ladd 29. Jen, 10 Woods + Li 

n found, That the heir ud ® 1 . 
ave his relief off the: eneentor- A al 4 9h 2 
toreable bonds, and the executor. ſhould... 


be. 


4 


H B and ESE CU Ton 
relieved by the heit f all; —— 2 
urls; Ide. (E; cer). 30, July 1649. Ga 9 
Where's, | F 's:ſuccelion (plits,., — 
by -two diſtetent theirs! of line; whiah 
DEN in ir does, the heirs bavsnogotalueliafn 
agaiaſt.anotber,. but. oily in proportion ta abe 
they ſuaceed. to: And therefore, an heic; karing m 
up. titles to a Gy his father's eſtate, andi hi ſi 
er Me deaf: up titles to hat rem 
ed i bæalitute To PAY 0 the Enber/neglatingdber be | 
ther's ſueceſſion, as:bei ngioverchzrged witch Ja 
queſtion. between her and her brothers .credizors,/yejd 
reſpeck to a bond oi proriſan granted to her by heel 
cher, upon which — preferable credisorꝭ 4 
Lords found, Thit * eonld. not da anne 
of her brother's. e raren, dat of bei 
as well that pant . — part u 
her brother ſucas eded tas 3 Heb. 736% Ken. 
' wan 0 e left, a daughter. of ne marriage, 4 | 
90 and 2 daughter of another ; the ſon, /imabing:apit 
80 A: part of the: eſtate, died: alſo; his atk 78 
epteped, þ heit to biin. than part. and ſhe, ander 
Aten ade up titles to the remainder,..asyheirs:portid 
581 3 to Wen ler. Ne was found, That the, relief of I 
50 858 409 ween h is tw daughters, ought Roſa 
be egnal;-th r$-portienery, but n proportion) to tie 
reſpedive parts to which they ſucceeded, 3 1004 
mediately to the father; ar mediately by repteſciitidf 
the brother Stair, Gosf. 10. June 1673. Whits- — 
In a e at * in lance of- two heira : poron⁰ 
againk.che 5 oh for payment of a debt due % thens f 
1 deceaſe fingulari.: title 2 che Lords ſaſtained:thi 
defence, That the debt was by confuſtod 
for two third pute. to- which : they — 
portioners, but —— as to the o 
E Bruce MS. 12. July 7163 Wright. 6 
heir male, evicting the eſtate tom the heirs or "Foe, be 
had; entered, and, upon the faith that the” eſtate wal 
1 0 aw mn — — 
if Es q don agaĩnſtꝭ t 
Id Was note that he ought to bene hy 
* deny e ee deen bed aan Aeing it ia mel 


rational 


70 
- w 


>» . 


— 
PI, 


9 > 2D $$ wwe 


* > 
— 


14 


„ ro OS oo eren ee a 02 


HETR and EXECOTOR tex 


;ofat, that the deceaſed's debts ſhoilld be paid ont c 
effects; upon this footing ſtands the relief between 
„ heir and executor; The Lords found no relief 
ppetent; 112, July 17, Maxwell, of Monreith., 
3. This was reverſed by the houſe of peer. 
WHETHER the heir is at alt liable to f, A 
m after his deceaſe, was ſeded 5 5 e ali: c 
|-diligence ſhould be done againſt'the Fe 
eables,' Stair, 20. Dec. 1662, Lady „, 
BY Mmarriage- contract, in the year 1743, between 
lexander Mollo and Chriſtian Robert- 1 
n, Alexander had © bound and obliged Later decifi- 
him, his heirs' and executors, at and on, = 


1 


term? 


againſt the term of Whitſunday there- ' "© 
after, to provide and have in readineſs, of bis own 
proper means and effects, the ſum of 16,060 merks; 
and to ware, employ, and-beftow the ſarhe, upon 
land, or other good ſecurity, for annualrents; anc 
to take the rights and ſecorities to be granted there- 
for, conceived in favor of himſelf, and tlie faid 
Chriſtian Robertſon, his promiſed ſponſe, and long :- 
eſt liver of them two, in liferent, and to the child 
or children to be prbcreate between them of faid mar- 
riage, their heirs, executors, or affignees; in fee; 
and failing of children, L. ooo of ſaid preg furs, 
to fall, acereſee, and belong to the ſaid Chiriftian, 
Robertſon, her heirs, executors, or aſſignees, in cafe 
ſue ſnall happen to ſurvive the ſaid Alexander Mullo, 
her appayeat huſband,” An after clauſe in the ſame 
arriage- contract is in the following words: And in 
order that the ſaid Ohriſtian Robert ſun may be the, 
better ſecured in thè regular payment of the ann! 
alrent of the foreſaid principal ſum of 10,000 merks, 
in caſe ſhe ſhall happen to ſurvive him, he thereby! 
binds and obliges him add his foreſaids, thankfully to 
content; pay, and deli er, to the ſaid Chriſtian Ro - 
r - bertſon, during all the days of her lifetime, after 
ae bis deceaſe, an yearly annuity lor qointure of 50 
merks, gor any other annnalrent agteeable and core" 
reſpondinga by the kaws-ofatiivkitly dota for the Ne, 


66 to 


4 ther, marriz 


106 HEFR and EXEC TOR 
to the foreſaid. principal ſum er, ode wenkie 
ter this marriage, Alenanden parchaſed: a- tenenient 
houſes, in Dundee, of L. 20 yearly value, the right inc 
which he took, not in terms of this contract of mai : 
age, but, in- general: to himſelf, his heirs, au ad ate 
Alexander died in the years., 1754 1 Chriſtian- Nb r 1 
fon fur vived him there were no children of the- N 


rage; his ſubjeds were the above tenement, d. oc 
L. Joo of perſonal eſlate. When on deathbed A 
ander executed two ſettlements.: by the one, her th 
veyed his moveable ſubjects to his nephews James N q1 


Robert Mullos, and —— with the payme 
of 200 merks of his wife's joĩnture: provided · tuo he: 
the above contra of marriage: by the other, he diſn 
ned the tenement in Dundee: to another nephew. | 
ander Mullo; with this -proviſo, . Providing and&d 
K 7, ring. that. tho ſaid- —— Meile wall, 
acceptation hereoſ, be expreſtly bound, and bur 
00 i" and obliged, to cobtent and pay. e 
* ſtian Robertſon his ſpohnſe, during all the dayboſdl 
4 life,; after. bis; de ccaſe i the: ſum of: 200 miprkis Be ' BF 
* as. a part of the-yearty joimthre: provided: 46 — | 
tract entered into *betweenitha 
David. Mullo,. hejr:06-conquieſd: to Alexander; hre ven 
a redaction of AJexandor's: diſppitioni of the teneme 
10 his nephewilezander; on the head:ofrdeathbed; pp 
_ prevailed. in it. BU James\and Rbbert:Mullos) the is 
gators: of Alexander; and who were: likewiſe. with ieſ: 
thers,. executors: te bimy: ajaceraddendheinintiiel . 
the: proceſs, and claimed relief of the ſam: of zes mil 
yearly, payable to: the relict, as provided by cha det „ 
bed diſpoſitĩun; to-whiehertent they inſiſted to ſup 
the validity of the death bed diſpolition. : -Pleaded ft 

| Davis Mplle, Alexander Mello, bytakingtheinveſtiten 
aß che tenement to-hjs here in genera), did notimpletel 
the obligation in his contrut of marria ge. dotabewn 
wife and ſeli in liferent, and children of marriage ir 
This laſt provi ſion, therefore remained only ia — che 
mini, of a berſonahobli gas ion and as fuchs ultimate er 
reſtable by the executors; who vas · bound · to reliere ear 
eic ther ef. Neither: could that. obligation be t 
freed, tram the: executor to the heir, upon the ſe ter 


' | 


HETR and'EXE:CUTOR wy 


of the ſerandt elauſe above- mentioned of the con- 
t of marria ges ſur the firſſ clauſe ĩs the primary, 
inoipal, und æapital obligation the aſter clauſe i 
ly an acceſſory: obligation to the other. It i fo im- 
aterial, that nothing is therein exprefied, which would 
dt have been implied, whether expreſſe&or not; it be- 
g plain, that if the huſband was bound to lay out 

„ O%ο Q merk for the wife's:tiferent; be and his repre- 
ntatives would have: been liable to eri for the intereſt 
the money, whether laid ant ar not; andi therefore, - 
oft be regulated by the governing clauſe; in which 
ler, that clauſe never having been implemented; the 
plement of it lies now upon the eẽꝭ,j⁊u:tor. Anſwered, 
„There 18 mo law that eſtablihes i privilege to 2 
auſe firſt imſerted in awritmg,toabolifh the ſubſequent 
lauſes of the: ſame deed. All the clauſes, whether firſt 
laſt in point of ordet, are to be.eonfidered equally: as 
eclarations / of the will of the parties; and to have their 
ill effect ia the ſeveral evenis for hich they are cal · 
lated. Nor is it to be preſumed, that any clauſe is 
ided that w entirely inſigniſicant u uſeleſs. It ia to 
preſumedꝭ that the pavties hadi view. toe different 
rent in the ſecond clauſe IF it with admit oßᷣ that cou 
action, any conſtruction wilt be taken tat her than to 
ppoſe they meant to ſay vothing, or arbil agere. Nous, 
t is obvious that chere are two ſeparate events, to which 
heſe clauſes fall reipectively to be applied. The ñirſt 
, Where the wife aud the ehildeen ſhall happen both 
> be ereditors to the father / at his deceaſe. The ſecond 
Where there are no children exiſting; hut the wiſe 
the ſole creditor” upon the contract. la the firſt e- 
ent, the father is boundato lay out; the ſum in ſa- 
or of himſelf and his wife, aud longeſt liver, in liſo- 
at, and the children of the marriage in fee But for 
other event, when there happens to be no children, 
nd the wife is the onty perſon. who bas an intereſt in 
the proviſion, the other clauſe is! adapted for ſecuring 
der in the due payment of 'the annuity or anùhualrent 
jearly, during her life. + Suppoſe the wife! had been 
paſt child bearing at the time-of the marriage, no wri- 
ter could have inſerted the'firtuulavuſe-iu — 
bob | 5 bt 


8 ä ot —— n ad 


— . 
eee , e i ae 
NO He, * btheoixt" bun and e. | Feb Dif | 


on. » 4. ben . $$ 4 ! "ob 24. 1 * It. yi 
1 20m pda ft 335) 


HEIR AEN wy 


e 0 d38';, 22 ddp ,, 


ound That an apparet Beit, . 1 
| "remove tenants, yet may d- 1205 e 
A removing p arid Vy ano her, l. me. 
Dec. 108, Inglis. — . 
ope, 6255 Borte, 19. Jan. 18 
lin. Gosf. 12, Nov. 46 Lace 
| 15. Tk 4 redu&jon of A y * 4 Fw! Poſſeſſt 
n ſelutum cananem,. found, That the on, and ts 
parent heir might | be allowed to . defend, ib 
the bar, tho? not infeft. 1 not ta ſus. 
ane 1666, Ld. Modderburn Ar by ; 
parent heit was ſonnd to have right to continue his 
edeceſſor's po 08 ell re ing of a diſpoſition 
dd infeftment from the deceaſed, which | is a good ſoun 
ation for a proceſs of removing, but cannot entitle 
e difponee to turn the granter, or his apparent heir, 
t of poſſeſſion brevi manu. * M; June. 1698, 
Ir Robert Home. "HT. £4. 16826 24 th 14 
IN a com oy | between an, 4 : 
ale and an dine, for. the preſent Competitiag . 
ſeſſion, the beir-mal e havi bout the po · 
te natural poſſeſſion, and t ſellon. 
e being out * the kingdom, "ny. wri-. ., 
77 letter to a, party to continue the predecefſot's 
eſſion, by. virtue whereof ſhe obtained — of 
part of the eſtate, the heir-male having obtaĩned chat 
55 reſt; the Lords inclined to ſequeſtrate the rents du · 
the dependence, and, till, the event of the--heir- 
ale's reduction, and ſo. would give neither of them 
e prerogative of poſſeſſion in, — interim, till it was 
nown on Whoſe f e right lay. Fonnt. 11. Jan? 
712, Lord and, Lady, Hawlc eu. Thb. Lords found 
te apparent heir of the in A s entitled 10 
ontiau: his predeceſſor s poſſelſion, ing the 
Vor. II. K | dx · 


ro HEIR APPARENT: 


deceaſed, by a perſonal deed, had made a fſettlemeny 
his eſtate to others. For the laſt, it was contended, i 
tho', commonly, apparent heirs may continue their y 
deceſſor's poſſeſſion, yet where that apparency is cut 
even, by a perſonal deed, all the privileges of it fall 
the 3 and accordingly that, in ſimilar caſes, 
Lords have always been in uſe to give poſſeſſion, e ar 
dum tabulas, and there is good ground in equity, as \ 
as Jaw, quia fruſtra petit quad mox eff reſtituturui: 
this was repelled, in reſpect that a diſpoſition: is not! 
fot poſſeſſion, except in conſequence of infeftment, | 
«containing procuratory and precept; and in the r 
ſent caſe, where there was neither procuratory nor n 
cept, the diſpoſition could import nothing but a a 
perſonal obligation, upon the heir of inveſtiture, tu. 
nude in favor of the diſponee, which was perfd 
' conſiſtent with the apparent heir's poſſeſſing the ſubi en 
ay and while he ſhould be obliged to make up his ti the 
and diſpone. 18, July 1727, Ogilvie, +i - 7 
: THE Lords refuſed to ſuſtain action of mails 
0 duties againſt tenants, at the inſtane 
- What right an apparent heir not infeft, : altho'| 
: has he to the tenants pretended no right. But 
rens: purſuer offering to find caution to n 
5 the farms forthcoming to all parties 
ving intereſt, becauſe the tenants might become in 
vent, this offer was ſuſtained. Dur. 19. Feb. $ 
(Heirs) 26. Feb. 1633, Oliphant. The like; At 
(Air) 29. Feb. 1628, Roſs. The tenants of a! 
ditas .jacens may ſafely pay to he apparent heir, f 
he cannot purſue thein, unleſs they once acktowk 
him by payment; and therefore the bygone rents (i 
. be arreſted for the debts of the apparent- heir, and Nen 
decree of forthcoming will ſtand effectual, tho' the 
parent heir die without entering, Gil. 13. Feb. 16 
Weir. Rents of the eſtate, not uplifted by thei 
Parent heir, belong to- his executors, and remain! 
© in bereditate jacente. Stair, 7. July 1681, Mb 
But, on a review, the. Lords were clear to alter thi 
' terlocutor, and to find, That all un-uplifted mails 
duties were in bereditate jacente of the laſt vaſſal off 


ft 
ti 


HEFR APPARENT.” wn 
fr in the Jands, to be carried by the heir, connecting 


g titles with him by infeftment. Being unwilling how- 
tir - expreſly to reſcind that interlocutor, upon which 


cur aa was extracted, they contented themſelves to ex- 
fia and clog it thus, That in the competition of debts 
by the deceaſed laſt infeft, and of thoſe due by the 
zarent heir, the mails and duties ſhould. be liable, g: i- 
ſace, to ſatisfy the former; which explanation ſerv- 
i the purſuer's purpoſe' for extinguiſhing an appriſing 
noi upon debts due by the deceaſed laſt infeft. Fount. 
Hare. (Airs) Falc, 22. Nov. 1683, M Brair of Ne- 
rvood Found, That the executors. or aff ; 
an apparent heir's dying unentered, have no.right to 
is and duties of lands, or to annualrent of heritable 
ids, reſting unuplifted at the time of the apparent 
r's deceaſe, tho' payment made to apparent heirs will 
oner tenants. And it came not to be debated here, 
the apparent heir's executors would be liable to re- 
re what was unconſumed of that which he uplifted. 
arc. (Airs) Feb. 1689, Bal The Lords 
nd an apparent heir may purſue for teind - duties, 
tereof his predeceſſor died in poſſeſſion, ſeeing: the 
ree will ſecure. the debtors. Harc. (Airs) 
arch 1685, Wedderburn. The author ' obſerves, 


| nat this deciſion is not agreeable to principles; for 
e tenants, paying their rents to an apparent heir, 
excuſed, yet the apparent heir, having no title in 
perſon, ſhould have nothing but his aliment, and 


erefore cannot ttanſmit the rents to his executors; 
dd in a competition, the heir, ſerving to the defun& 
t infeft, will be preferable to the creditors. of the 
ir dying in apparency, not being creditors for his a- 
ment, as he ſays, was found. ' Jan. 1684, Ballan- - 


ne. 
THE privi 


1 | | 
he lat heirs by ad 1695, to ſell the pre- 777, 
1 gor s eſtate at a publick roup, found 77 e, 


mmpetent, notwithſtanding the purſuer 2 


nul d behaved as heir, and become there- , Hats af 
. liable to all the debt, of his prbde: 4 fate af 
br. 28. Feb, 2733, Blair. 7% eu. 
b 


— 


n: HEIR APPARENT. 
Redemption of Appriſings from apparent Hei 


THE power of redemption from the apparent he 
purchaſing in expired appriſings, competent by 
1661 C. 62 to the poſterior appriſers, was extended ur. 
ſo in favor of the perſona] creditors. Stair, 11. G 40 
#1. July 1671, Maxwell. Stair, Gosf. g. 1679 
ay, ——But one having granted bonds proviſi y 

5 ty. is children, after the expiring of an adjudicai on 
upon his eſtate, the adjudication purchaſed in by i. 
apparent heir was not found redeemable by the hi 
dren. Harc. (Ow of u 31. Jam. 1681 
Naſmy th. | \ 
THIS privilege —_—_ againſt apparent heirs pr 
chafing in ſuch rights during their predeceſſor's liferny 
Stair, Gosf. 19. June 1668, Burnet: MS 
Jong) Jan. 1685, Sinclair, FO ul 
N apparent heir, having acquired a diſpoſtian Tr 

his 1 lande, from one baving right may 
by an expired appriſing; the Lords found the: | 
redeemable by his father's other creditors within ( 
years, as if he had acquired right to the dpprilin 
— (Comprifinge) Feb. 1687, Fiſs and Living 


AN appriſing led, both l orincipat and caution ba 
ner, and purchaſed i in by the apparent heir of the pri e 
cipal debtor, was found redeemable by the ereditoſ in 
of the cautioner, ſo far at it reſpected the eautione 
eſtate, for the ſums paid therefor; tho? it was not, i IN 
the preciſe terms of the act, an afprijing of bit n 
1 Mate. Gosf. 18. WO 22. mo 1623s Du 


APPRISINGS. eee gratuitouſly, by apps ppo 
heirs, are redeemable from them within the ten yen cel 
for the full ſums contained therein. Stair, 14: Feb \ | 
1573, Maxwell;—— The like; Stair, 19. July 10008" 

onro. The like; Gosf. 9. july 1673, Campbell he £ 
Ia queſtion, whether an apparent heir, boying e 

a compriſing within the legal, can be obliged by ad 
parliament 1661, to take the money he gave for it | 
The ratio dubitandi was, That the aQ makes ment e 
of expired appriſings only, andiduring the currency ® 


HEAR 1A P:P;ARE NU. 
ze legal, the other creditors have the ordinary rem 
C fegal- ih thatirhers was ito 62S 
is extraordinary. one vet the Lord for ſocuring ore 
tors found it all one eaſe, whether the apparent heir 
ircha(ed within-the legal. ovafter, Foun. 26. Fed. 1685, 
ampbell. The like; Stair, 214 Julg:1634, Maxwell, 
THIS ac tot extended*againd the buſband.'of the 
parent heir/ Stair, 21; Feb. f 167%, Rirhardſom 
ount. 29; June 1700, Borth wick. Unleſs the right 
quired; tho” in the huſband's name is to the- wite's 

zoof,, or -acqgired by:her-means and money, or the 
ſe granted upon account of her propinquity-of blood; 
tair, 15. June 1674, Richardſon. Stair, 15. Jan. 1679, 
Doug 4 gt THY „ Fe BO EV 3 15 . 
AN appriſiag of a predeceſſor's eſtate was not found 
deemable- from the apparent hein who acquired the 
ame, while he was only: v ſecond; brother, and not 
parent heir S tai, G gef. Feb. 16255 Lax. 
THE p6wer'sfredeemingapprifings bought ia N aps 
rent heirs/46commpettntion!y, ed erediters, not o the 
btor himſ4f,/ Stair, 3. Dec 1680; Naſmyth D 
AN appriſing of che defunct's eſtate, purchaſed in by 
te heir of liner found redeemable by the heir of entail, 
ho ſucceeded to the lands; tho' it was pled, two, 
hat the act concerns only appriſings of lands, to which 
be 3 may ſucoeed as . 2d, (Gaar the act 

in fayos of creditors only. Hare. / Compri fing: 
rc ce e Need 65 een 
IN a queſtiom from-what time the ten years, allowed 
r redeemiug un appriſng n apparent 
eir, comme dect, vin. 1. Whether from the date o his 
ſpoſition, (which the act of Parliament 1661 exprefly 
ppoin ta) on, 20% From the time of his on and*pre- 

ceſſor's- eredizory, kucwing of ' is acquiſition ? Or, 
ly, If at leaſt from the date ef his infeftment regiſtred; .. 

er which they may'krow' it?! The inconvenicncy of 
elle frſt. of theſe being evident, the heir icy Sou 4 
ig ale conceat his-difpoſition til che ton years be elapſed, | 
q (FP Mich is to ejutle the la; the Lordi after 2 ſolemn 
- nr n act, (tho 
. nd s do not go along) to be: from the completng 
cy acquiſicien, — —— pag ed 

—_ K 3: ſiuperior 


194  HiEIR/APPHRE KAY: 
ſuperier to enter heir, or ſume other Aoleran and py 
lic deed, where hy it may betome notouro This es 
on of the ac is bbferved by the, „ * 
proved af by alf men, as vſt ? and equitable.» Foug 
Fatel 26,Nov. eme, „ Decl 1683. Mon., 
RENTS of un eſtete andes beleng tocrhe en 
01:1 517 eure an apparent heir, ws bad ln 
E wile: a perſbnal right to We- land, 
1 nor cd dhe net ſubſtitute id tho ſercly 
ment, who ſucceeded tkereto after 
3 hoir's deeeaſe. Home; . 397) Exeeutors 
Campbell, July — 1773.5 „„ lea 
THE een e erevitors.ob ang app de 
heir, three yeary'in poffeſſion, by at 1695. a 
ed again the-next heir, who poſſeſſes only, and abſidlg 
om making up titles'to-a remoter predsceſſor. Res 
Ee. P. 357. Leitch, Qs' Dec. 19414 Mo „ Et es © D + +4 at, 
"ANDREW. Landatereteived from John Gibſonof Den 
rie, Aug. 160% charter of tht land of Burna, alias Lin ſce 
Balcurvie, in favor of himfe}f, and.the.heirs-procreat the 
or to be procreated between! bim and Anne'Brown pr. 
ouſe, whom failing; tebis dther'heies antbaibghers; a+ 
on this charter he wis\infeft O&:47/1667:5 The liſhed 
Andrew Landale, Sept. 3. 7686, executed a. diſpoſii 
of this ſubject in favor ol David Landale dis eldeſt ſa 
containing procurstory Ind precept; und Dayid; afii 
his farker” Andrew's death, continded to paſſeſs il 
land, by virtue of n perſongtright;/tilÞthe year »Hf dar 
thar Al -x#ander-Ciblon of Durie-netdingy/ forzabe ben 
is coal-works, u Tivailet/that un through: av: 
410 Ns * nſaction was made, Dmding Denis | 


dale t drie 4 certain ſam 67 uk 

—_ 5 che Zo of ee and, NK Ve = + 
nd, bin rie to c the 3 k , 

r Pots. feu. In e ee. be *. 


Tories Sen 29.577 19, grate Ae 


1 5 nie rf prog 


= Tharir A bor betd dy Ardre our 


effors; /of the $radtbes nde "Bt 

| oxides, dy * lee d Ward and eebet;-bi de 

a . {t bbing ügretd, for-. certain qu of Lee el 
Rant! » E for 4 den e r fa 
e e granter un e rer 


” A 


HEAR APPARENT — ug 
on of the ſaid; Andrew-Landale and ales as h 
right to the foreſaid;lapd-from his ſaid father by dif-. 
poſition, of date Sept, g. 265 C, that hg dual ding ibould. 
be changed from. ward to fea, therefore he grants of 
new the laid land 10 the; vid David d ande in life- 
at, and to Andrew Landale hismidgg fon, his heirs: 
and _aflignees, zin fee, Ar ſerving to avid the father, 
power to Alter,” ; O. Of: the. ſame date. Danidi 
ants to Durie an obligetion;ifor the uſe of the wa : 
, and upon May 30. ſaſine folbowedꝭ upon this char - 
in la cor /of th Kaden David, in liferent, and of the 
n Andrew, in fee; the ſaline bearing, That Danid the; 
ther appeared:perſonally, holding i in his hand t pre- 
pt of ſaſine contained in the ſaid; charter- Andge 
andale the ſon, une 1726. diſpaned thi- ſubject 90. 
and his two ſiſters, reſerying bis lifer 
=4 and a power to alter. FEirſt. Andrew died 
Nea David bis ſsther, leaving Thomas his only child.of 
ſecond -marr e ge, ho. die d, ines paſſion after his 
ther's death. Anne and Margaret. Landales hroughe 
Tannin of iremo - in ian, Thomas, 2 0 


1 the, charter and Jafige-1719, world be ſohnd uu 
od vidi as Contrary: tothe forms, eſtabliſhed. in o 
ractice, for he en of, heirs, ſerved himſelf: bein. ta 
is grand · fathen Andrew. as the perſon laſt: W ins 
fr, and upon that title claimed the property. On 
her. hand, it was;ceontended- dy the-j purſpers. that a 
dayter granted by, the ſuperior to David: bimſelf, g 
r to: Araire wabis fachen; wa aw effeciunl. rifles. as 6+ 
wralent e 2, Pact of. e confers and that chi 
5 94 40 a An rew in wth 
all be equally effeQtual;, eſpecially, ac B the be: 
= in eſe fig by that.chamgery the, fee, given. to 
) eee e eee 0 
ne him the Sed ee of king up after 
** dei, io Lhe,paſe- being Nears ln 4 5 | 
wart 4 found Te the ee, dared May 
' granted;/bxJougjo in faxer, of 2 | 
rent, and, Angrew Landale: his "the per 4 
| eſlahliſn a pe fendal- right 1 
| ſaid Andrew. Lapgale,”... A Fecha bp, v 
Nen in. but the Curt adhered. . 8 S*. Pr pts | 


- of itsiprinciples,” 


116 HER APPARENT. 
Landales, 12 June 1752. The learned fudge who colleh 


theſe deciſions adds to this one; Fhat᷑ the feudal law i 
wearing out, er eue oft figh 


22 executbr-of d h arent heir dee efer fy 

the next heir entering, a to the ànnualrents of an 4 ] 
ritable ſum, which fell due during a 8 
Col. V. I. p. 266, Houſton, Jan. 28.175 787 Bs 
AN apparent treir cannot remove tenants. Fac Cl 


v. II. p. 118, Paton, Dec. 15 1 1 de 
E 3 Fuc. Col. 5 P. 348] Sutherln 


Aug: 8 

N N Kian Menke and! Bie vi wi 
01e. who brought f forth a poſthumous ſon; and hal... 
ſon having died ſpon after, without making up a 
tulb, che zun eee, competent to the daugh 


1 - 
was found to recomme pb before the each of the ſ hat 
Tas. Sol. v. II. p. Y4 377 len Dee, 23. 1757. on 

2 RENTS with dubing 0 dy vt tr EE Tl 
* the 8 van wy He Hug, to DN eſt 
P. wi" ann = Hawn es kgs N * "Wh 
rent” Ke is n to irs ho 
455 Sg wh 

ereditors . 
verſion. | [ 
wo)" | ESE tin FY 


2 bo 
Ir am.. 1 705 mea ith « frei, Jay 
Service and . parſe 5 1 7 9 5 
WHAT act may be * ed: parent ea 
Sis T. 1 pirate 4 F by 
25 H AT © n 5 aer. oem ajerem ou 
cheat. f * 17 35 au: 
22 Ae injev the paſive Br $542] 2 ng 
11 E IR apparent, gk 7278 is e. Les "4/700" 


111 5 95 70 4 


Laer laid, ee a Yu 7 FA 


7 6,6 
2. _Y 1451. Re Ds ATK?. 5 Bt eg! 
e Loh „„ ii. 
F 7% -/ Jos 45 15 . 75 ict U Ja Ir 5k TRIP 114687 Dar! 
F } 1 15 12 15 71 en ? 29! 2 eee 


5 F * 
Ao + * po; J; 2,090. 5910 4 92 CLE 
EF 


. 


1 * A com bens 


117 


HE IR e. 


EIRS have the privilege to enter | 
upon inventory within year and 757 1695, 
ay of the act, tho the predeceſſor be 35/ it retro- | 
end long before. Dal. 3 1. July 1699. ſpeds. 
1 f 
AN heritor, who died ſeveral years ago, leaving an 
deſt ſon, who ſurvived him ſeven years, 
nd died unentered, and then, the next This privis 
on offering to ſerve heir to the father, lege come. 
m beneficio inventaril, although it was tent 10 @ ſe· 
ledged for the father's creditors, That cond appa- 
e act of parliament. 1695, allows'only rent heir, af- 
hat benefit within the year of delibera - ter death of 
on, whereas many years had now elap- th * 
d ſince the death of him who died laſt 
eſt and ſeaſed; yet the Lords found, That ſecond or 
oſterior apparent heirs. have a year of deliberation, 
ho! the firſ} had ſuffered it to expire without ſervings 
nd therefore allowed the ſervice, cum beneficio, to go 
n. Fount. 1. Feb. 1504, Bruce. _.- 
T being objected againſt one, who had entered cum 
eneficio, hat he could not en joy the -  -- 
enefit of an inventory, becauſe his ſer» " Fores af ma- 
ice, as heir, was beyond the year and King up in- 
ay after the predeceſſor's deceaie, altho: vento r. 
he ioventory was made up, within 
ear; which laſt is indeed all that the act of p parliament 
695 ſeems to require; the Lords repelled thee objeQion; 
—_ Forbes, 11. Feb. We the I” 
auſe, it bein further obj inſt the beir's ha- 
ing the benen of an Ln, KO That his inven- 
ory contained lande in one ſhire, and yet it was made 
p before the ſheriff-clerk of another ſhire, contrary to 
be ſaid act of parliament 1695. 2do, That the inven- 
ory gave up a ſum owing to the deceaſed only in cums · 
, whereas the act requires, that it ſhould be full and 
articular as to the debts to which the heir is to ſuc · 
ed, without which ſpecial ** it is _ 
or 


for any heir to "tw the law; the Lords — 8 
this being a correctory law, it ought to be ſtridiy 
terpreted, being much abuſed by heirs; they they 
fore ſuſtained the objections, and found the beir ſim 
liable for the debt. Fount. Forbes, ibid. — The Lon 
found the benefit of an inventory not competent ue 
party who gave up inventories after the ſervice, th 
within the annus de/iberandi, and before he. had a DU 
intromiſſion, or was cited by any creditor, or infeſty 
on the ſervice. Forbes, 19. Feb. 1109, Campbell. 
AN heir cum beneficio, as he may pay primo venient 
ſo he may grant heritable bonds in ſe dn 
May pay pri- rity, tho" the effect be to prefer th 
mo venienti. creditors to the other creditors of the alli: 
fund. June 1733. Veith. 
nE creditor of #-deveaſed: whoſe heir was fern 
eum benefſicio, offering'to adjudge the Mar. 
daf pay or ſtare; and the beir offering to afſign; U 
Wu. Lords found, That an heir ſerved 
beneficio may offer an aſſignation to t 
inventory, as an exerutor may; and that the credit 
is obliged to accept of it, and ſo top: the adjudicatii ies. 
Fount. uw. Jan. 1711, Lord and Lady Ormiſton. 
An heir of line, ſerved cum benefſtio, having no introm ait 
_ fion with the deceaſed's eſtate, but what was 4 cer 
hauſted by payment of preferable debts, and being ro 
barred from the reſt, by à competition for p 8 
with the heir- male, was decerned to aſfi gu the inn | 
tory to the defun@'s creditor, in order to pay the Men 
due to him. Forb. 8. Nov. 1612; Vint, — An day! 
tum benefcio muſt pay or aſſign the inventory; and it 
not ſufficient that he offers to accompt for the value Jon: 
my” ſubject. 12. Feb. 1931, Johnſton. - no 
AN _— cum beneficio inventarii, the credit act 
are not brought in per paſſu, but u dad 
Creditare cording to their diligence, as in/ordimyto r 
preferable Ty cafes... Home; 4. July-172 4, Seot. che 
according to An heir cum benefcio, having-aſcertanWmak 
their Ali. dd the value of the inventory by n ps the 
Js \ceſs, the creditors of the deteaſed toi chei 
decrees againſt him, one after anothe pub 
in the following genera terms, « finding: him Jiabfet wit 


HE IR cum: benefci, ö ng . 


the extent of the value of the inventory, and de- 
cerning againſt him, ſecundum vires inventarii. And 
ey being all called in a multiple-poinding, the Lords 
and, That the priority of citation, or decree, gives 
> preference, but the whole ſubjet being in medio, 
he creditors muſt be ranked according to their dili- 
nces affecting the ſubject. In this caſe, the Lords 
duld not find otherwiſe, becauſe there was no decree 
Aken againſt the heir for a liquid ſum, but only a de- 
rniture to pay ſecundum vires inventarii,. which was 
o better than a decree. cognitionis cauſa; but it would 
dmit of a different conſideration, had decrees been 
pken againſt the heir, obliging him perſonally to pay 
ie ſums therein mentioned, upon the medium, that he 
ad in his hands of the value of the inventory ſuffici- 
t to anſwer their claims. Such decrees, with re- 
ard to other creditors afterwards putting in their 
laim, would be equivalent to payment: The heir 
vould be allowed to ſtate theſe prior decrees as arti- 
les of exhauſtion ; for what, in all events, one mult 
day, may be held as payment with regard to third par- 
ies, 28. Nov. 17 38, 1 creditors of Crichen, 
AN heir entering cum beneficio, brought a proceſs a- 
painſt his lama . hana creditors, for a- Rye 
certaining the value of the eſtate, to be 7/the ſubjef? 
proved by witneſſes; concluding, that is free to the 
he eſtate might be declared to belong to heir upon pay- 
be purſuer, and to be free and diſbur- ment of the 
iened of the predeceſſor's debts, upon | proved value. 
payment to the creditors of the proved  _ 
alue, It was yielded by the creditors, that in a per - 
ſonal action againſt the heir on the paſſive titles, he is 
no further liable than i» va/orem, becauſe ſo ſays the 
act of parliament: But they contended, That as they 
aad their option to inſiſt perſonally againſt the heir, or 
to make their debts real upon the eſtate; if they chaſe 
che laſt, there was nothing in the act to bar them from 
making the beſt of their dehtor's effects, by dividing 
the ſubject among themſelves, after they had made it 
their own by legal diligence, or by diſpoſing of it at a 
public roup, and dividing the price. The Lords, not- 
vithſtanding, ſuſtained proceſs, and decerned in _— 
| 0 


of the libel. 6. July 1933, Gray. This was in 
caſe of perſonal creditors. — And the like procefi'ly 
ving been brought againſt real creditors, infeft dur 
the predeceſſor's life, who, on the other hand, brough 
eve of the eſtate upon the ſtatute 168 1; and 

being further pled for them, that there was no lat tod 
lige them to quit their property, otherwiſe than on fi 
payment; yet it was carried by the Preſident's caſi 
vote, that the creditors had no right to bring the 


ſtate to a ſale, and that the heir was liable only RF | 
the value of the eſtate, as it ſhon1d be proved, 15. Fi " 
1736, Murray. But thereafter in another caſe, on 4 
ſolemn pleading in preſence, the Lords altered, , 
found, That the creditors have right to bring the. 
ſtate to a ſale, and are not bound to accept of the lll: 
lue from the heir cum benefcia. 12. Joly 1738, Ha 
.. y ret a © 

| AN heir entering, cum Geneficio inventarii, to in Wi. 
© Rate overburdened with' debt, but WA © 
If he muſt ac- ving afterwards, by induſtr conſiden 1. 
compt for the bly improved the ſame, diſpoped a p . 
profits: be for payment of a preferable creditor, m ur 
mates of the than equivalent to the original value il... 
ſubject. the inventory. Being thereafter attach ng 
ed by other creditors, the queſtion aro, ;- 
If he muſt be liable according to the preſent worth our 
the ſubject, or only for what it was at his entry? e. 
was pled for the heir, That he was not !raffce, Mavi 
' proprietor 3: that the creditors had no real intereſt in on. 
ſubje& of the inventory; that the inventory was o ein 
defrgri'd as a method to fix a certain value, ' beyon i 
which the heir ſhould not be liable; and according 
that if at any time the heir made this value forthcomit ape 
to the creditors, he was at liberty to make of the eſta au 2 
what he would. It was added, That were this othe ere 
wiſe, it would put an effectual ſtop to the induſtry ans 
improvements of heirs who enter by inventory, ſince ini. 
man will readily plant where another is fo reap. It 
Lords, notwithſtanding, found the heir liable to bat 
compt according to the preſent value. 6, July E e 
Aikenhead. | „„ Jus 


nt, 69 - | : Ie HE 4 
* ; : 


HEIR;PORTTIONER 221 


HEIR PLA gettipg eaſes from ,, 
ame creditors, is obliged to comme Muft commu- 


ate theſe caſes to the wares. n 126. nicate evi, 


n ikenhead. | + = T1 11 1 22 WITT 
oy | 12 94. o 1 35 10 1 38 2 1 
MM H218-POR oN ER 


N the a of heirs-portioners,. "altbo' uh relief be 
payable only to the eldeſt, yet the 255 

ords found, That the ſame is to be com- at Falls to 

unicated to. the reſt, Balf. 6 Relief . 25 ee 
1 Feb. 1623, Fenton. In a e ion Perrin? 

ang bart Whet 1 En 

tir hip N s go o as a e 1 the eldeſt, or 
wide among all? the Lords found. The eldeſt liter 
an only draw ber ſhare. 16. Jan. 1725, Executors of 
ady Garukit The Lords found, That a meſ 


kind age ought. to be divided amo 92 heirs- -portioners, if 
may be equally done; otherwi that it falls to the 
: ceſt, who = ſatis the reſt for their proportions, 


MS of. 2., Dec. 1669, Carrober, —- ound, That A 
magountry manſion -houlſe belonging to heirs-portioners, 
„ oo privilege, (as fortalices, &c. have, which be- 
webe to the eldeſt "without diviſion, or paying any e- 
aro vivalent to the reſt) but is diviſible among the heirs. 
ount. 12. Nov. 1696, Hathorn.——A man who had 
very ſmall land regel, of, five. chalders of viral, 
aving five daug hters, and the eldeſt claiming the 
on. bee eipui et rgtione primogenituræ, t ere 
001 ot pew 1 hrs 705 the 9 0 tho the manſion- | 
Jou oute ab F was ſcarce fit for an heritor to dwell in; 
og e. Lords found, That this being the principal meſ- 
mige on the ground, it, muſt belong to the eldeſt 
ella aughter, without ou eh to the others in lieu 
ther hereof, - Fougt. Dal. Forb. March 1707, Cowies. 
. The 9 quettion delog p14 large orchard ad- 
ining to the tiouſe; the L Pak after trial of the ex- 
ent and value thereof gelt J, (10, June 1708,) 
bat this yard muſt follow the bouſe; and ſo deſig, Fe 
he eldeſt daughter, jure pr imegenituræ but bein 
17 far above what —_— ouſe or fall 
Ch, II. 


IE 0 


122 _ HEIR- ronTioNE 


required, that the other fiſters ought to et 2. fa 

pence and ſatisfaction for their ſhare a 
thereof. Bur thereafter, the Lords A e 

terlocutor, and found, That the whole orchard, | 
having been ſet for rent, belonged to the eldeſt ſil 
without any recompence to be given by ber ty the of 
” - Fount. Forb. 24. June 1708, inter eaſd. 

to the eldeſt beir · portioner as a er geipnum, with] 
without recompence to the ſiſters, debated, but nots 

termined. Dec, 1930, Dunbar. 


. A SHERIFF, upon a brief of geg having 
[cated lands to the eldeſt” ſiſter, and 


muni divie , 
. 


* 3 7 pode, 51 Sond | the at ro 
divided, and the half to pertain to the eldeſt fi 
Gosf. 2. Dec. 1669, Carrober. The like, with 
4 to nomina debiterum ; - Gosf, 1. Feb. 1 Dun 
THE principal-dwelling houſe, &c. belo ongs tod 
"Later decif- eldeſt heir-portioner, without 4 
8 compence to the other heirs-portic 0 
97271 Home, p. 365, Peedie, July 3. 1745 | 
THE ſucceſſion of the eſtate of Carnock havin 
penẽd to three heirs: - portioners, a proceſs was brov 
for dividing the ſame among them. A ſmall 1 par 
the lands had been feued, viz. Gartencaber 
brock, each poſſeſſed by a different vaſſal, and 
Fon the preciſe ſame ſum of feu duty; undd they 
ion was, In what manner theſe ſuperiorities ſhould} 
divided among the three heirs-portioners? For [8 
Houſton the eldeſt, it was contended, That all ir 
fſible ſubjects, ſuck as titles of hopour, 0 1 
the principal meſſuage, ward and blanch fuper ion 
delong to the eldeſt e by the $f. wileg 
primo eniture; that à feu · ſuperiority, be ing ale 
indiviſible ſubject, comes under the kame rule; andi 1 
if ſuch ſubjects belong to the eſdeſt heir-portionet, 
n Pere e can be no foundation for e 


HEIR-PORTIONER nay 
y any recompence to her liſters ; becauſe a man is not 
port und to pay a price for his own property. It was au- 
aid ered for the other heirs-portioners, t. whatever 


4:4 the rule as to ſubjects that are ſtrictly indiviſible, the 
re rule cannot obtain as to feu-duties, which are di - 
he ble: that Craig, ib. 2, dig. 14. 5 7. is clear, that 
at e eldeſt beir-portioner who ſucceeds in a feu-ſuperi- 
vith it), is bound to pay a proportion, of the value to the 
not ber heirs-portioners: that Stair, tit. (Heirs) 5 m1. 
lirers the ſame opinion; with this addition, that, if 


ere be any more feu-ſuperiorities than one, they 
5. cut to be diſtributed among the heirs-portioners. 

Found, That the eldeſt heir-portioner is entitled to 
one of the ſuperiorities, and the feu-duties ariſing 
therefrom, and that ſhe is entitled to make her elec- 
tion. Found, That the zd heir-portioner is entitled 
to the other ſuperiority, and the fen · duties ariſing 
therefrom. {And found, That the 3d heir-portioner 
* is entitled to a recompence from the other two heirs- 


ich portioners, for her proportion of the feu-duties,” 
uni em. Dec. p. 86, Houſton, 3. Nov. 1744. | 

+288 4 DWELLING- HOUSE, &c. built within a burgh 
ay WF barony, diſcontiguous to the reſt of the heritors land- 
ien <ſtate, fall not to his eldeſt heir-portioner as u pre- 
„n. Fac. Col. v. II. p. 161, Wallace, Jan. 20. 1728. 
1 HERS portianers liable in folidum, or only pro rata. 
ros Solidum & pro rata. 5 | 


RELIEF among beirs-portioners. See Heir and Exe- 


for. 8 5 


1 ELDEST heir-portioner has the cuftody of the evidentr. 
ge ql ce Common intereſt... | >, 5 2 ; N 
ale eee 


£ ; N : - 
. " : ”# - - 2s 5 
; * 1 i # "# 3 : or” Ja a 84 E S:&- 5 | - oy 
1 4 7 on < * ö 
« F E 2 x 4 - 1 f * 7 + * 
7 * 1 W '- 4 ae 4 S — 4 . 


ind 

"OA HERE a deceaſed had feveral houſes, the Lords 
log found, That it is not the furniture 
ecke beſt houſe that belongs to the heir, has move- 
a ert the beſt piece of the furniture of each ables are 
#8 ">< Colv., 10. Nor. 1575, Drym- beirfbip 7. 


nond,—— Heirſhip was found tg com- 
prehend ſix golden buttons, and if the deceaſed had any 
. number 


% HEIRSHIP Mo PEABLY 


number of oxen, twas found? that the h ll 
yoke ; and, that the heir will get his 1445 
bo oxen, If the deceaſed had no other PEE a el 
8 Nov. 1609, Boyd. The ſbell of à ſalt- pan! 
und not comprehended under heirſhip, but t te e 
to the executors. * Hadd. 19. Jan. 1711,” Reid, 
P Who entitled NO heirſhip was fou d due to ü 
bas babes - heir of a hren) althb“ 4 ag 
ſhip ?. 100, W not being a Prelate. 


ay 1542, Kincraig,——Poul 
ir Ja pre af Tha 2 2 parſon provided to a Thr 


a p38 * an heir... Hope, (Heir) D Dü. 
28. Nov. 162 ä | ud 
HEIRSHF fo found due to the heir of a Baron, why 1 
died infeft in lands, although they we 85 

280, of @. 4. otherwiſe diſpoſed of, hr ro che hel _ 
Zaren. > inc. 9. July 1543. Crawford and Se 8 


ple. The brocard, Senmel Bare, ſen 

per Bark; was repelled, unleſs it ps 29 alledgh 
that the deceaſed died infeft. Hope, 
Dec. 1619, Airly. Auch. ( Ha, e. rg 
I A ſon cannot be ſued upon hs 5 ade 
behaving himſelf as heir, by intromitting nh t 
Keirſhip moveables, where the father ceaz'd 10. U Ba 
by having had all his lands comprifed; and EP „ ors 
Expired*before his death. Dur. 27. Jan. 164 6, 
The like; Dur. 8. July '1629, Dunb: 0 
dying infeft in an annualrent has heirfhip moveabioii8** 
for, ſeeing an annualrent, is a feudum, an annualrentd 
may be eli emed a Baro, as well as petty feuer. Stat 
19. July 1664, Scrimzeour. —— The heirwas fivnd c a 
titled to heirſhip moveables, becauſe the deceaſed i ” 
infeft in an annualrent, (tho' it was anlya truſt) whit 1 
made him bare, he never being denuded. Fount. 3k 
Nov. 1708, Jamieſon. -—— Heirſhip moveables cannd 
be where the deceaſed had only aalen without ih 
feftment. Stair, 27. Jan. 1666, Montgomery. Stan 
22. Dirl. 23. Dec. 16747 Heirs-p ortidints" of Seton. 

The like, where he had an heritable bond Without n 
feftment, Fount. 12. Nov. 1698, Cumming. 
deceaſed's lady being an Earl's daughter, aud vie w. 2 
churchman, who afterwa afterwards 3 biſhop; we 


inen, MOVEABLES: rs. 


infeftment in lands, tho' not a+ 

OF Ok infeft thereon; yet the Lords found none of 
eſe 1— to 2 her heirſbip moveables, _— 
feſtment had followed on the bond. Fount. 2 by roo 
505. Ld: Kilmarnock. A man taking lands him= 
If in liferent, and his dau hter in fee, is no baron; 
ad has no moveable heirſhip.. Dirl. 1. Feb. 1668. 
A man having purchaſed an eſtate, tcok the in - 
funents of the ſame ts bimſelſ and ſponſe, in conjunt- 
e and liſerent, and the beirt of the marriage in fes & 

hich failing. to the longeſt liver of him and bi. Jpoufes 
nd their beirs and affignees there happened to 
cirs of the marriage, whereby the wife ſurviving f 

d have right to the lands, in e of the ſaid provi- 
on; but ſhe alſo dying, without being ſerved heir of 
roviſion, it was queſtioned between her heir and exe+ 
ptor, Whether ſhe could have heirſhip moveables ? It 
as argued fo the heir, That a. conjunc - fee, in the 
erſon of a relift,. has all the effects of a ſimple and ab- 
ute fee, excepting: the power of alienation. It was 
rgued on the other fide, That ſuch a conjund-fee re- 
lies merely into a 1 which is but a ſervitude 
nd with hn to. which, there neither can be an heir, 
or heirſhip moveables. The Lords found no heirſhip- 
zoveables due. ;Febs 1940, "Monro, 
FOUND,: That a defun&'s ſon could not be liable. 
efive for intromittin g with the heirſhip 
foods ; becauſe his father, tho'a burgeſs, 3tio, % 
as not alledged to be an actual reſident, Burgeſi. 
— x or uſing trade, but only a 
norary bur Dur. Spot. (Heirs) 8. July 1628, 
p — he. deceaſed being heir to an aQval-bur-- 
els, who might have entered when he pleaſed, and 
fore lent in the tomn as' a trafficking burgeſs; this- 
as found a ſufficient qualification to make him be 
nfidered. as @ burgeſs, io as to entitle his heir to heir 
vip moveables. Fount« 22. Nov. 2698, Cumming. 
THE executors of a-wife, wa! "Gn hof- 
ad, inſiſting for the deceaſed's ſhare of 

e goods in communion,. the huſband Imabat caſes 
— dedugion- of: the heirſlip move wt elaimalli 
155 enn, were-hergable,.. - LR 
E.3- ang: 


126 HERITA BLE and MOVEABLE: 


| and fell not under communĩon. It was anſwered;;þHyj 
tkip moveables is not a nomen juris, while -thethutba 
alive; the Lords found, the heirſhip:moveables vai 
mot be deduced. Jan. 1927, maar cos 
trary fotmeriy found.” Stair, G osf, 8. Deni 1b 
Goodlet. | «AF 0S: +468 7 
IF the heir ma dulv. with ber ftp, aul th 
vice = — 3 and Confirmation: 
GENERAL aſi, N f þr ſumed to. com 
be ſbip anoveablet ? 1 Seo rule 16 5 a 1 


4" 


HERITABLE and MOVEABL 


ahn 
50 EA for cutti ar the 
Fructus na- of the proprietor's death, 
. turales & in- ther they go to the heir or executor, d 
eee, bated, but not finally deterwined, 4 
matter Having been taken up by t pe] 
RY July 1730, Scot of Gala. 
F 
ES 8 ch. Vere owing to his father; but only 
Jil. That fell due ſince = death. Dur. 1 
n Feb. 1627, Ld. Sempiiilll.. 
BT GONE re belong to — 
defuncts ſuperior. Gosf. 24. — 
ado, Feu · du - Jan. 1671, Keir. Dirl. 17. Feb. 1696 
Ate. Waugh. The. ſame implied: 80 
Gosf. 11. July 1673. Faa. Bot b 
gone feu · duties were found a burden upon the ber, (@ 
which he had no. relief againſt the executor, ſeeil 
they do ariſe from the feu · contract, the terms where. 
the heir only is liable to perform. Home, 229." _ 
1 718, Wilſon.—— But this ſeems to labour wade i | 
doubts: For, 1, By gone feu - duties go to the f 
ripr's executor, upon no other footing than as more 
ble. 2de, The executorvis liable to the fer 
contract as well as the heir. Suppoſe the; price i 10 
id, the executor will be liable: to pay the ſame, oy” 
E benefit acerue to the heir alone; and there is 20 ec 


doube chat the ſuperior: 9 he acai 


s 


HERITABLE and MOVEABLE: 123 


e 3tio,: The ſupetior is truly propre · 
in fo far as che feu - duties entend, for be gnlyrgives 
= the property, as to the ſurplus rents : Therefore, 
u intromitters with the rents are perſonally liable to 
ae ſuperior, as intromitters with, his rent, vis. the ſeu- 
uties. Bygone feu · duties, then, in the hands of an in- 
omitter; are truly a moveable ſubjecdt. which muſt go 
» executors, and for hich the en of the intro- 
zitter muſt be liable. % 
THE profits of all aaſualtics. of ſwperiority, vhick 
quire declarator, are carried and im- 
lied in the ſuperiority, and therefore 31, c 
belong only to the ſuperior's heir or ties of Jape- 
zagular ſucceſſor, until leparated by gift riority. | 
> a donator, er li by a decree 
declarator, decauſe i it is e. of the .ſuperior, to 
ay hold of theſe caſualties or not at his pleaſure; and, 
zs almoſt all. of, them ariſe from feudal delicts, many ſu- 
deriors do not chooſe to take theſe rigorous advanta- 
ves: Such a privilege, therefore, which-is mer /aculta- 
tir, before ſexereing the ſame by a gift or declarator, . 
and — eſuppoſes ao right eſtabliſhed in the ſupe - 
ior's perſon, - cannot deſcend to ezecutors, Stair, 
osf, 11. July: 1673, Faa——The like; | Hadd. 4. 
Nov. 1609, Earl of- Argyle. Hadd. 5. March 1611, 
Lard Douglas. Ii being pled, "That, a liſerent · e- 
cheat having tractalum Tulari. temporis; belongs not to 
he donator's executor, even as te bygones before the 
donator's death, waleſs they had been liquid, and eſta- 
blihed in = life by ſentence, but that the gift, and all 
— > ereon,/ belongs to the heir z. the Lords 
ound, That thes bygones of the liferent · eſcheat, pre- 
ceding the donator s death, did belong to his «<xe- 
— tho, in his life, he had obtained no ſentence for 
the ſame.  Gogf. 24. Stair, 28. Jan. 167 U, Keir,—— - 
The like: Dur. 18. Feb. 1624, Lg. Culters:, 20 
| ANNUALRENTS . of : a ſum, in a 57 
bond containing a ſubſtitutian of heirs, 1 745 nd 
falling due before the ipllitute's, death, Le. 1 10 — wil 
are. — bonia deſundi, and go to his ex- — . 
. are Ne Wied — * 77 177 7 2 


126 HERIT ABLE and MOVEABLE. 
Nbank. 4 ſub : ſheriff-depute ur wr 


charge a ' fine impoſed by his predeceſſor, "Fe | 
belongs 29 th predeceſſor, and d to im. 4 
35 uly 2686. ae 5 


HERE - the . of redemption. and Sc 
waz after the wadſetter's death, the we ; 
4 1s heri- ſet ſums were ſoond to belong to the he 
fable and nnd not to the executor, becaule; as i 
moveable, . heritable and moveable, ſubjed are cog 
tempus mor- ſidered as they are at the deceaſed's dea 
tis inſpicien- and in this cafe, at the death of the i 
dun ket ſetter, the wadſet was. a- ſubſiſting 

right. Stair, 18. June 1675. 2 

4 BOND, bearing a liquid ſum to be paid yearlyh 
annualrent, for each hundred of: a prig 

Mead with « cipal ſum, ſo long as the ſum reſted uy 

. « clauſefor an- paid; will not — * the bound N 
_ nualrent, be- and oy * ene unleſs it b. 

Feng tes, rovi inſeftment, or to 

. infefs, as infeft. 2 p 2 

1610/ Lawſon. ——A bond; bearing a fum to be pal 
at a term, with ſo much far the nne tharg _ 
from the time of the borrowing to the time of payn * 
and bearing no other clavie of payment of annual be 
thereafter, found not to be an heritable bond, bu ab 
\ peftain to executors, and come under teſtament ! 
7. Dec. 1627, Porteous. A. bond; bearing an — 
gation to pay e merks for each hundred, with ch 
Principal ſum, at the term of: payment, found * be # 
heritable bond, tho? it bore no (clauſe of ir | 
and that an aſſignation thereof, made by the eredin 
does not-alter the-nature of it, but that it fill. re 
heritable. Dur. i- Dec. 1625, Falconer.,——A. be 
bearing annualrent, tho' without clauſe: of it ent 
is heritable, and preſtable by the heir of we debe 
| Dur. penal. July 1630, Carhouſie. oc 
| AN N executor found not liable to pay che ar | 

| of debts weils by the-jojeniad, r op 

| Ab Frankly riſing due Aer his deceaſe; becauſe 

ing tradum executor can be no further. liable har. 
| temporis. the deceaſed was; and he could noe | 

C „ 


n „„ 


— 


uEHTABLE Ua MOVEABLE. 


bis deceaſe. Dur. 13. June 1619, Ingliz —— 
contrary was found, Dur. 17. Peb. 1632, Kinnaird. 
r. 19. July 1639," Inner wick. An annual 
ment, as to terms after the debtor's death was found 
burden upon the heir, not on the executoF. Stair, 
Feb. 1663, Hill ——A' gift of liferent-eſcheat falls 
the heir of the donator,” and not to his 'execntors, 
cept as to bygones, Dur. 18. Feb. 1624 Coultert. 
THE Lords found à particular ſhare of the capital 
ock of the African company, due obBt 
the equivalent, to be moveable, and Sar of an 
pally affected, and carried by confirma · incorporate 
dn of the proprietor's executor - eredi- oct. 
r, altho' every part of that ſtock was 
Hbliſhed by charter and infefrment, held of the 
town, for payment of à hogſtiend of tobaceo, and de- 
ined not to be uplifred; but according to the rules of 
he company. Ford. 25. July 17510, Murray. Ten 
ares of the Old Bank of Scotland having accrued to a 
dy during her marriage, the queſtion aroſe, aſter her 
eceaſe, Whether they belonged to her heirs, ezecutors 
r buſband ? Tt was generally agreed, That the execu- 
drs had no claim: if the ſubject was moveable before 
be act 166, it behoved to go to the huſband; if 'heri- 
able, it continued ſo, for no alteration was introduced 
ich reſpect to any heritable ſubject, except bonds bear · 
g annualrent allenarhy. But for the heir it was pled, 
bat bank-ſtock is a right, having tractum futuri 
rmporis ; the original ſubſeription paid in, is ſunk in- 
the company's ſtock, and belong to the company as 
politic body, and by no means to any of the part- 
ers; the ſubſeriber is entitled to his proportion of tlie 
early dividends, and that in perpetuum: but as theſe 
rofits are not acceſſory to any ſtock or capital dey 
g to the partner, tig that very thing that makes bank 
lock fall under the definition of a right having tractun 
uturi temporif. Anſwered, for the huſband, Tho' the 
honey paid in; be ſunk into the company's ſtock, yet 
here is thereby purrbhaſed a ur crediti, ' which is the 
partner's ſtock; juſt as in the caſd of money lent, the 
Foperty whereof is transferred to the borrower, and 
Uthe crediver hasp is the u -aredirij evidenced 1 


139 HERITABLE and MOVEABLE. 
the bond, of which the annualrents: yearly arifing . 
arceſlories : The profits,: therefore, ariſing npon b; N . 
ſtock, are proper. acceſſories of a principal ſubject, ax 
eonſequently bank · ſtock ĩs nothing arE.a to af * 
ving tractum /uturi temporis. - The Lords found, Thi 
the ſhares of the Bank of Scotland are not herita ne 
but that they are ſimply moveable, and fall under i 
Jus mariti. 1, July 735. Sir Johs e | 
IN a contract of marriage, the huſband b oblig I 
to employ a certain fum on land, or; au; 
Obligation 1% nvalrent, to himſelf; and future ſpouili,; 
Jay out money and to the children to be. begotten. by 
upon herite- tween them; which failing, to bis heiß; 
ble Keri. this clauſe, albeit heritable guoad cred 
ren, Was found moveable guoad: 2 
| rem, and found performable out of the deceaſed's,mory 
ables. Stair, 25. July 1662, Naſmyth,——The f ' 3 
* Stair, 19. June 1678. Diekſon The like; Der. "a 
Dee. 1627. Porteous. Dur. 14. March 1628, Gral 
Hare. Ae Fount. 1. Feb. 1687, Yeaman.—y 
In ſuch à eaſe it had; been found, That the Nair 1 
liable, and not the enecutor. Coly,  - Nov. 130 
Hamilton. Dar, 11. Dee. 1632, Schar. 1 ©; ah "+ xe 
/IN an sen at e nee eee i 
party, in whoſe hands money. was bo 
Sams 40 f. ied by the deseaſed s the Lords, foundt 
nated to be ſum moveable, notwithſtanding. the due 
laid out upon fender's oath, whereby he declared t 
heritable ſe- money was given him to be mp er. 
eri. for the man and wife in conjund - dit. 
6 and to the heirs to he. þegotton.hetyr faic 
Bien wh that becauſe no bond was: made. for im Sm 
ment thereof before the. deceaſed's death. - Hoph 
Sum in T 18. June 1614, Executors of Ruſſel. Du 
ms in being deſtinated, in a contract of ma ; 
riage, to an heritable uſe, yet it was found that M pay 
 belong'd to executors, becauſe the ſaid deſtination. aur 
not contained in the body of the bonds, and that W 
ſums were not yet upliſted nor employed. Hope, we. 
ecuter) 8. Feb. 161g, Stewart.—.—An obligation! bef 
lay out money, when paid, on heritable, ſecurisy, co o}/; 
not make it heritable. * it. be * ne! bor 


e er 


HERTFABUE and MOVEABLE. gr 


und; and therefore it may be diſpoſed of in lets agri- 
dinis. Dur. 5. Feb. 1635, Watſon.—— Where a fa- 
her contracts with bis daughter, at ber 1 ”P\ 
reals ſum. to be paid in name of tocher, at a parti- 
ilar term, and makes no mention of anntalrentt, and 
de huſband binds bhimſelf to fertle the ſame; and in ad- 
tional for to himſelf und his wife in Hfiferent; and — | 
he heirs of the marriage heritably;' which Falling, 
he huſband's heir whatſomeverz' the eretutor — 
ife's father, if he be dend before the tocher be paid, 
ill be liable, primed leu to pay che tocher, in reſpeRt 
f its not bearing er au cif pa but it will be payable 
o the huſband's heirs, and not tb his execurors, in reſpect 
hat it was to be heritably fecured by bim, and to pay 
anualrents to the relict. Por. 19. Jan; 163 7, Robertſon. 
A BOND, ſeeluding executors, aſſigned in favor of 
dne, and his beirs, executors or aflip- 
dees, is theteby rendered 'moveable. Aker 
ount, 17. June 1680, Sandilands. . of a bond ſe- 
bond, ſecludinꝑ enecutors, being aſſign - cluding exe- 
d by the creditor'to his wife, with his cee. Ine © 
ther effect, and without" ſectuding her + 
xecutors, yet the ſame wab found heritable inf che ag 
nee's perſon, and not to be carried by confirmation af- 
er her deceaſe. Fount. 29. Jan. 1908, Muirbead. 
A BOND; payable at « term named, with annualrent 
zue after that term, in eaſe of failure, 17564 
vas found to be moveable before the faid Crediter or 
term of payment, ſo as to go to the cre- debror 
ditor's executors, ff ze died before the before the 
faid term. Dur. pennt. June 1624, ferm 7 1 
Smith.—— The Rke, in a bond taken to ment. imo, 
2 buſband and Wife, and their heirs. of bond be- 
Dur, 21. Dec. 1626, erecutors of Brown. ritable by. a 
———-A bond granted at Whitſunday, clauſe © of an- 
payable at 'Martinmas thereafter, with ae 
annualrent from the date, and, i caſe es 
of failure, annwalrent thereafter during the non-pay- 
ment, was found — the' creditor having died 
before the term of . (Contratts and 
OO 26. Feb, 1 629; Douglas.———A ſum in a 
n the'firſt term W 
at - 


„ HERITABLE/ and 1 


of the creditor's mother, with. e 
of payment, found heritable, ſo as to go ter the g 


tors heirs, he dying before the term of paym 
Dar, — 528, Falconer The contrarꝝ — a t 
March — imſon.—T he term pb, payman. of ci 


npalrent, and not of the principal ſum, does reg 
à bond as to the ject gt heritable — 
the creditor dies ante lerminum. Hare Centradi 
martiage] 20. Dec. 1682, Ramſay A bond ber 
ble, LE a clauſe for annualrent, to commence at4 
term of payment of che bond, is moveahle, if f 
. debtor die before the term of payment, and his.exed 
tors are ultimately liable. Bur. Spot. (Cena 
5 mule. July 16, Q, Garnouſie. 10 „ #5 „ „ r 
AN herita bond, by clauſe, obliging- the.c 
ek 5 do infeſt his creditor, in caſe of not 
2de, B ment at the term, found to belonj 
 clauje, 77 in- creditor's executors, he dying bæfope 
. ſeftment. term of payment. Hape, ( 8 
i Feb. 1643. Nalſmyth. - But enbere 
obligation to infeft. is, pure, and to have, proſeps. ct fe 
and not adjedted as failure, in caſe o f 
at the term appointed, there the hond * eta | 
ee as to äll effects. .Home,.. Non. Fos 
Fale. 20. Dec. 1683. Gordon. Dalr. 26. June 179 ont 
Stewart of Pardivan. 8. Dec. 1738. Meni | 
her itable bond, wherein the — to ee 
not pure, but conditional, ailing Paymentiatithe: 10 
.faund movuea ble before the term ot payment; and the 
fore, the debtor dying before the term, reliph: | 
competent to his heir, who paid the debt, ad 
executor. Home, Feb, 4748, Fisher. 
a 37% Ey © A BOND, ſecluding executors, fe | 
165 me Flv heritable, principio, tho“ the creditor 
8 ding aa. debtor dio before the term of pay es 
7 Home, july, Founta g. Nov: 1 
n 333 20. Dec. 567, Ora | 
Fum eben NDS having been diſponed t 
ble, SB. man, bys near mat * backeb 


landing , ge dilg 9 bi er 
ee nud le, on We of that ſum, * p 


_— 


HERIT ABLE d MOVEABLE. ug 


ving thereafter granted to the ſame party, a bond for 
oo merks, bearing no relation to the ſaid ſecurity, 
t being a ſimple moveable bond, to him, his heirs, 
cutors, c. the Lords found, That this bond,, in 
far as it ſhould be made appear to be made up of 
ſum mentioned in the back - bond, ſhould belong to 
heir of the truſtee, 'becauſe, ab initio, the ſaid ſecu 
y was granted for the ſame, but that the refidue 
duld belong to his executors, as in its nature move - 
e, and not made heritable by the back · bond; for the? 
diſponee was not obliged to denude; unleſt on pay- 
1, as, well of the ſums he ſhould advance, as of 
jat was formerly due, yet this could operate no 
re but a bare perſonal retention, which inerat de 
e, without the clauſe. ' Dirl. 17. Stair, 18, Feb. 

16, Waugh, In this cauſe, the Lords came to the 
lowing reſolutions, viz. in, That it was conſiſtent, 
at 2 ſum ſhould be moveable, and yet that it ſhould 
heritably ſecured; as in the cafe of bygone annual- 
ats due on infeſtment of annualrents; bygone feu-du- 
s, for which real action is competent, even to execu · 
wadſetts looſed by requiſition, '&c. 2do, That 
io theſe qualities of moveable or heritable, in rela- 
n to ſueceſſian, the animus of the ereditor was prin» 
ally to be conſidered; ſo that if an heritable ſecuri- 
was afterwards: taken for a debt moveable ab initio, 

preſumed: the creditor-intended that the ſum ſhould 
Ong to his heirsz+/#cus, if his intention appeared to 
otherwiſe, 6. g. if a debtot ſhould diſpone his eſtate 
favor of a confident perſon, with the burden of 
debts. ztio, Bonds being taken after a general ſe- 
ity, in the terms aforeſaid, for debts to be advaneed, 
Ly be moveable, not wi ing ſuch ſecurity, if it 
pear that the \creditor intended it ſhould be ſuch: 
g. if the ſupervenient bond ſhould be taken to execu- 
, ſeeluding heirs, G.  Dirl. ibid, —A moveable 
nd, tho ei · to the reverſion of a wadſet, but not 
giſtred in the vegiſter of reverfions, was found to be- 
ng to the executor;/ in regard it is none of the ſpecies 
-heritable: bonds contained in the add 1661, as not 
Vos, H t mu wm ſeeluding 
N { b « * f 0 , N . 


Pod 


134 HERITABLE and MOVEA on 


ſecluding executors, nor beari a clauſe of i 
Falc. 6. March 1683, Rollockck n. 
n given for the price of lands, and falls 

to the ezecutor, the — bid 
Price of an the Lords allow therefor,.:tho': not 
herijableſub- preſsly ſtipulated, belongs all 40! | 
Jet, | and not to the heir. . Dur. 7. Feb. 16 [7 hy 
Home. A Party Mold: an infef 
of aunualrent for 4000 merks; and the minute an | 
contained a reſolutiye clauſe, That upon not payer 
of the annualrent for two years, the contract fbould, 
void. The price was faund to belong to the /ſellg 
executor,. and alſo that the infeftment of annular 
would return to bim, and not to the heir, in 
irritancy was incurred after the.diſponer's death; 
heritable and moveable are confideredias at the diſſ 
ner's death, and no poſterior alteration of. eircumſtan tc 
bas. any influence. Stair, 7. July 1680, Wayghi 
A party, who had entered into a minute of ſale of lau 
obliging himſelf to diſpone, and upliſting part of in. 
price, and then dying inteſtate, the remainder ofthe pi 
being fill in ooo. purchaſer's hands ; the Lords ſe 
That the price yet lying in the purchaſer — b 
moveable, and belonged tothe executors, tho eee 1 
no diſpoſition yet granted, but only an obligation 
diſpone. Harc. (Exequtry) Nov. 1683, Forb. Fon 
22. Dec. 1704, Chieſly, — The Lords found the execud 
liable for the price.of a houſe. ſold to the deceaſed, e 
form to à minute of ſale unperfected, cho Ahe & 
migbt claim the diſpoſition to the houſe to he exten ne} 
in his favor. Forb. MS. 2. July 1714, Ker. 
debtor, ebæratus, having diſponed his eſtate to ce 
truſtees, for the uſe and behoof of his ereditors, with 
power to them to ſell and diſpoſe of. the ſame, and ove 
"_ * hen price er _—— .creditors; the er | 
y entered upon the:mariagement,-with.the c 
mage the whole. creditors, were infeft, and found > ; 
3 for the lands. After the. purchaſes was e t 
feft, but before; the- price was diſtributed, one-of 
creditors dying. whoſe debt had been en e 
perſonal dand hearing intereſt, the queſtion occur 
ms heir and executor, which of ien de .. 
| | ig | 


HERITABLE!/aad MOVEABLE. 135 


ke to the ſaid debt. It was donbted, whetherinfeft» 
at, granted to truſtees, tho' accepted of by the cre» 
ors, had the ſame pure if granted to the cre» 
"rs directly But the Lords took-it up on a ground 
5 diſputable: They found the price moveable, the 
me having beer with the ereditor's conſent; after 
hich there remained nothing but a perſonal obli ti · 
upon the purchaſer to pay the price, in the Ga | 
anner as if the «ſtate had been diſponed directly to the 
editors, and they had fold the ſame. 11. Nov. 737. 
mith. 

THE Lords found, That the raiſing, exceuting, and 
ting in a proceſs of adjudication, 

ere the creditor died before he obtain- | Adjudication 
ſentence, did not alter the nature _ upon 4 move» 
debt from what it was formerly, ſo  ab/e bond. : 
to make it hexitable, or fall to the heir. 

punt. 16. Jan.] 1700, Carnegie. A cautioner havs 
g paid the debt, and thereupon having compriſed the 
incipal debtor's lands, the comprifing was found to 
the ſum heritable, and to entitle: the heir of the 
utioner toꝭ inſiſt in a per ſunal action · agaĩaſt the pria · 
221 debtor, for relief and repayment. Dar. 20. Dec. 
331, Menzies. An adjudication led upon a-move> 
ie bond, makes it become heritable, ſo as not to be 
ienable upon death- bed. 12, Nov. 1728, Reids. 
A MOVEABLE- bond: of corroberation, does not 
ter the nature of the original heritable- | 
nd ; but the debt ſtill remains heritable. Aicefory fon 
vc, (Obligation) 12. March 1628, cxrity. 
Gim x51 one 1654, Earl Mar: 

ble, 17. Jan. 1684, Wilhart——ot an heritable 
od of eorroboration makes the —— in the original 
oveable bond heritable. ' Gosfi 12. Nov. 1671, Ord. 
id a perſon -infeft- upon an heritable bond, not pay- 
de, nor bearing -annuatrent; till after his deceaſeʒ 
aving a the ſame ĩn ſecurity of a moveable debt 
le dy him, with procuratory and precept, this acceſ- 
ſecurity was found to make the ſum contained in 
e moveable bond heritable, tho” the creditor died be- 
e the term of payment of the annualrentiright; 
en 1734, 4 having diſponed his —_— 


9 


336 HERITABLE and MOVE ABEE. 
to his eldeſt ſon, with the burden of certain provi 
to his younger children, which be had become ba 
to pay in his contract of marriage, this vas found: 
make the proviſions heritable, Forb. 4 Der. 70 
Aitkine.”  - 
THE wife's father having taken a <ichorgy of | 
+ -- --  tocher, upon the narrative of payt 

pe and, of the ſame date; h 

tum. heritable bond to the — war | 
that it was in place of the tocher, x 
the wife predeceaſing within year and day, her 
claimed the heritable bond, as coming in place of 
tacher; her executor contended, Phat the —_— | 
diſcharged, and no longer ſubſiſling that the h 
bond belonged te the huſband jure proprio, and that | 
was bound no further than to repete the tocher, wh 
being a perſonal claim, the executors ought. to be pil 
ferred ; which accordingly was found. Steir, 
11. Dec. 1668, Scot, —— An heritable bond, in a 
ceſs before the privy council, being proved to have 

abſtracted by the debtor, and be Uecerned hy then 
the ſums contained in the bond; the Lords fou 
That the ſums were not thereby become moveable; i 
that an inhibition, thereafter. ſerved, did reach 
ſams ; for they. judged, that whatever came in p 
of the bond wits heritable, in like manner as that Oy 
ſeeing tbe party's claiming the damages, loco facti ij ¶ er 
prefiabilir, ſhowed he had no intention to alter the 8 
ture of the debt, or to render it moveable,” Fes 


31. Dec. 1503, Oliphant. t. en 
A CAUTIONER having paid an herieabladoad s 
IS fore hisdeceale, the Lords found; Tha „ 

Claim fer benefit of relief belong'd-to — e 


relief. altho' he had obtained deeret ag rer 
| the debtor for repaywentiof che 
paid out, with annualrent thereof d che not 5e 
ment. Dur. 16. July 1638, Cant. The fikej DOD 7 
18. March 1630, Hart. A party being inſeftifrd 
ergy for his relief of cautionry, and paying the di a 
a competition between his heirs and exeeutoert, brit 

beir claiming upon the heritable bond of relief, and ion 
mentor founding upon the clauſe of relief in chef rt 
* 4 A 


— 


HERITABLE and MOVEABLE. 137 


dal bond; the Lords found, That the foams were due 
the heir only; as he alone could renounce the infeft- - 
it. Auch. (Air) 10. July 1629, Wardlaw. Durie 
ſerves this deciſion, as if the contrary bad been 9 5 


Diſigence upon heritable Sibjetts, © 


THE-creditor i in an heritable obligation, taking de. 
ee for payment, and thereuper-arrelt- 
g. this found to render the ſubje&' IF 4 decree” 
dveable, and- to make it to exe — males 4 ſam 
tors. Dur. 23. Feb. 1628, Naimyth. moveable? \ 
The contrary; unleſs there had been 
charge of horning. Fount. 327. Feb. 1712, Scot, | 
THE town of Edinburgh being debtor, by an heri-- 
ble contract, to Heriot, in L. 10,000, 
be paid upon requiſſtion, at three ſe- requifiti- 
ral terms; Heriot made requiſition for on? 
e firſt terms payment, but died before ha 
e term came; the executor was found entitled WY 
do merks+payable- at the firſt term, and annualrent 
iring therete; in''regdrd it became moveable by 
e requiſition. Dar, 10. March 1630, Lindſay. 
A BOND; bearing annualrent, — N upon a 
nple charge of fix” days, is rendered 
oveable by a charge of 8 and J charge 
erefore found — ath- of borning 7 
d. Dur. 24. Feb.” 1624,” — 15 — 
creditor aviag charged for a ſam, ſecured by infeft- 
ent of annuaſrent, this was found to ma ke the debt 
dveable,. and to make it go ko executors, 'becauſe the 
large made the debt revive, which was the price of 
e inteftment of anntalrent, and was of conſequence 
1 or pa from the jiuſeftment. Seair, 
A DE ckkx for perde e 1 

1 ent, t u | 
n bond devlading excentors) dges noe" evd-/anlade 
ner it *moveahte;' but the- lane wil 4% er. 
long to the heir. Stat. 1 r3. July 1676, aw: ach 
briftie.—< The like; July 1735. 77 4 
onro. Nor was regi cation; in or. 2% J dil 


rtoa charge, found to make ſuch a 40 7 
M 3. | bond: 


{ 


158 HERITABLE ant MOY FABLE: 


bond moveable. Hare. (Executry): - Feb. 1689,” 
man.——The ſame was found, where the creditor 

pave on to charge upon his bond. Falc. 17. Jan. 20 
iſhart, But this/interlocutor. was Gates 4 
and the ſam found to belong to the executors, Fil 
1. March 1683. Inter coſu. An heritable bond be 
ing granted, without any warrant to infeft thereupy 
yet there being u clauſe? * bearing the · um t 
declared heritable, and no ways moveable in any ti 

coming but chere being a charge of horning given. 
on the. bond, which, in* 45. makes heritable ſugy 

moveable ;..the Lords thought that the foreſaid cla 
was equivalent to . claus ſeeluding executors, 
theretore found the charge of. horning did not render 
moveable, Fotb.: Foun 74. July 1705, Gray.” + '4 
IT was found; That an arreſtmant and fortbcomis 
_ / _ &@; the inſtance of an appriſer;; do u 
Diligence. malt the farts i in the appriſimg moveadl 
ap a com> | - Falc.' 17. Jan. 168 AV bart, ome 
priſing«.. bond being made able by adjudieſ 
3 tion, it was found, That a ade _ 

charge. of horninig did not make it again become'mo ; 

able. 12. Nor, 728. Reids. 7 aan on, 
- ROUND, That even a charge of hon e 


Diligence 4. 
in inſt a-cantioner>makes: hevital A 
8 a zecome moveable. . Gilmy Nei 
ar; ARDEN: Stair, . Jan. 1666, *Monrgpingry. "4 A 
A COMPETITI - aroſe between à relict, and i me 


beir of a deteaſed about a-: hond avi 
The las f a. lab infeftment, and wherein t 
4 "gg debtors were bound. The fat - 
the. rule, that. Ys deceaſed had led an apprilin 

: loſt one df the debtors, - the realtigl 
charged. $4 er debtor for 8 alter t itol 
Charge, bad given in the. appriſng or 
The wife pled, That the charge 3 de 
fimply* moveable. , Anſwered fon the heit That 
ter the charge, the deceaſed returned do his herit 
- right, by obtaining the appriſing allowed. Tue ſt 
„ was K th W. 1 Newb.” 1 I 

and. | 


* 


HERTTABLE and MOVITABE os 9 
AN infeftaent of -annualrent was ar- 

ied 3 ſo us to go to the What if ib. 
g cutors, in - the deceaſed had . ae 
ade requiſition fe ;r-the-fame, which re- nat; 
ifition; the“ informal, ſufficiently vi- + 
xced the mind of the deceaſed, to make the ſum woven, 
ile; and go to hie executor, Anſwered fur the heir, 
he ground her eon. a requiſition makes an infeftment 
annualrent moveable, is, becauſe it looſes and takes. 
y the infeftment, and therefore, if the requiſnion 
— the infeſtment ſtunds. The requiſmqion being 
ll, the heir was Stair, Newb. 18. lan- 
505, ee See Gila. ar my I 
OVEADIE, e 

THE heir has sight to the whole crop 

n after aiperiſan's. death, and to 2 e 
aſs from n . 
ar, tho' he died after Whitſunday, if e eke 
the natural Falc. v. I. pz 1 „Rem. Decs 
94- Dalrymple, Dee, y. 77 . leme, P. 44 
inclair, June 190 
BO NDS, fecluding executors,: aflig * to an eldeſt 
on, without repeating the ſecluſion, fall to the heir of 
x ſon. Fale. v. I. p. 296, Kennedy, Dec. 3. 1747). 
A BOND, eee eee 
y tetament; | Fale. v. I. p.. Dulſs, June 53. 1745 * 
A DEBTOR having diſponed his aſtate to truſtees, 
dme of the creditors . aſſigned their debts to · the ſame 
itees, to. lead an-adjudigation, to be made over to - 
irchaſer ʒ che adjadieatioꝝ · was found to make the 
bts keritable. Bale, v. I. . 990--Dynbar, July be. 


148. 

AN adjugirocine; lud utter « fle, ts-which the cre... 
itor conſented, does not render the debt heritable;: 
or does a diſpoſition by a 2 with ho burden of 
debt. Fal v. Is :p«- g0s. Daffs „June 5. 1745. . 
A BOND. bearing intereſi from the date, is: . 
a 3 n * v. IU 


| 2 Nor. 48. 12 1 
E CAPTAIN: William Seas 2105 of Nef 2744 tooks 

dond from John 3 Lite anfs 75. for. the. - 

In of L. aco Sterling, bearing.» ert af the e 

at. 


* 


% HERITABLE and MOVEABLE: 


at Whitſunday receding ; and the ;obligati 2 k 
in the following eenma,t ge Which f | 4 
I bind and ohlige me, my 9 Hort —— ů—ů— | 
« cefſors, to.content.and pay to the ſaid Captain Will 
c " am Craig, his heirs, erecutars, or- aſſignees, at 
rm of Martinmas next to come, with ànnualrent e 
e ſaid principal ſum, from the ſaid term a N 
« 3 paſt, to the ſaid term of payment, al 
% yearly and termly thereafter, during the not os 
T6, ment. The Captain died in Oaober 17%, b | 
the term of payment; and the queſtion:occurted | 
twirt his relict aod;.executors,.. Whether the bond w 
moveable, guoad Hleum ot ralictam. The Lord Ordi 
7, In reſpec. that neither the principal ſumꝭ 
« firſt term's annualrent, bacame payable at rho timed | 
% Captain Craig s death, found, That the bond i 
© under the jus relidæ.“ The executors peclain 
and endeavoured to make good this propoſition, The 
a bond, bearing intereſt ati the time of the creditor 
rh ou is heritable gut fiſguor le: relifamoiequally 
whether he died before or aftex. the term of / paymemi 
The Lords adhered, and what ly moved then 
was the authority of the Lord: Stair, lib. . tit. 2. 6 


and of McKenzie, book 24 tit. 2. G Remi Dee. p. 10 A 
Executors of Craig, Nov. 23. 0. him 

AN heritable debt, aſſigned in ſcourity\ of un mow 00 
able, makes it become an hetitable.. Falc. v. LK p. and 
Truſtees of Fraſer, July 12. 47400 #4 3h, e e 1 a8 for 

AN heritable bond, charged for. a ſommons og alt v 
dieation, being raiſed, and che debt aſſigaed, v cip⸗ 
found he ritable. s II. p. 285, Doughty "_ =s 
26. 1761, 13 120 of e 

AN ane of a. lifeneint ;Fallts: 20: the been An 
allignee, and not to the erecutor. Fac, Col. v. l. * low 
Ewen; Nov. 29% 19526: ws & ͤj4i- 25. 

A SUM found moveable; gonad the: ae abs nod — 
wichſtanding a ſupervenient heritable —ů Fac. bad 
Gol: v. II. p. 91, Fullarton. Nov. 1g; 1 ½%½ ⁸«04ĩ 40, 


"HERIT ABLE and ande quond heck and wife I 
See Hus bend and Mr. & ot WES IN Iv 4 wth bo "ob 
HERITAGLE and. Wen quoudSlcam, Sie 


ſeheat-«.. wrath LES PSY 8 28h Da 
A ® | - WHAT 


Os. 


AERITAGE ant CONQUEST. 14. 
hp i widerflood'ts be bygoner, fo ar ts brcome move- 
He, See Term legal and conventional. 
BOND, © ſubſtitutions, when the ſubſtitution 
; anderflood 10 be af an ” end; fo ar to g fo en See 
WW e 
oss, uf . an . whether beritable 
movewble. der Aljedication. * : 


* 


HERITAGE 3 and cone 287. 


HE ſeeond of n brothers: . 5 

ceaſing, and having a bond pay- Boat bela 
ble to him, his heirs, and aſſignees, Noe rn 
cluding executors; the Lords found, - 
hat a bond, ſeclading executors, was not properly, 
n the ſenſe of law, a conqueſt, ſeeing infeftment could 
zot paſs thereon, and therefore, that it fell to the heir 
f live. Fount. Dal. Forb. 23. Jan. 1706, Baigbie. 


—. 


A TAC K belongs to the heir of line, 
mW beit conqueſt by the deceaſed. Stair, Tack,” . 
en z. June 1663, Ferguſon. Hope, (Sec- | 


Nen) 24. June 1625, Heirs of Dunbar nnn c 
AFATHER granted bond to bis ter N | 
aimſelf to infeft her in an annualrent 

oo merks verre out of certzin lands, ' Right upon 
and containing a power to her to call ie infe/?- 
for the prineipal ſum upon requiſition.” ment * not 
t was found, That this bond, being prin- Paſt. 
cipally conceived as an anndalrent · right, | 
tho? Le clauſe of requiſition; did fall to the 6 
of conqueſt. Stair, Dirl. 7. July 1675, Robertſon.—- 
An beritable bond, upon which'no io — had fol- 
lowed, was found to belong to the elder brother, Stair, 
21. July 1656.— The like; 8. Dec. 1738, Menzies. 
—— The like, of a compriſing, on which no infeftment 
bad followed. Dir. "wy" you "16775" Gorf. 28. Je 


1677, Anderſon. 
1 the Dake of Hamilto a, 


—y , 
TL 4 


— 


Ps. ] 
—_— 
"_ 


R © +8 


* 
pon. 


IN a competit 

heir of conqueſt of the deceaſed Earl of Selkirk, a 
the.Earl of Ruglen, as heir of line, the Lords deter- 
ained the following points; 1m, That the heir _— 
qu 


a 2 =” 
ho-oS. « a. ..0 


— 
> 


142 „E RR DANKE 


queſt ſucceeds to dif) poſitions. and adjudications of ly 
— and acquired by the. deceaſed, and v 
were deſcendable to his heirs and ——— 
was never thereupon infeft. .2do, That the deieg 
conqueſt bas right to all heritable bonds acquire 
the deceaſed, whereupon. he ſtood. infeft' at the ti 
his deceaſe, and were deſcendable to his heingands 
ſignees whatſoever. 4tio, That the heir of cong 
has right to beritable bonds conveyed to the decea 
tho? he was never infeft upon the conveyances. 
That the right of ſucceſſion to bonds, ſecluding a Exec 
tors, and containing no obligation to infeft in l. 
deſcends to the heir of line. 50, With regard to f 
jects, where the annualrents of heritable, bonds » 
accumulated with the principal ſums in perſonal 
of corroboration, making the whole payable to/t 
creditors heirs, ſeoluding executors ; it was found, T 
the bonds of corroboration do not alter the Tight; 
ſucceſſion, as to the principal ſums erte 344 pte 
original bonds, which: devolved to the heir of conq er 
but that all the furthen ſums, accumulate d in the b. ar 
of corroboration, deſcend to the heir of line. 6, 
veral heritable ſubjeòts being pyrchaſed by the 
doers for his behoof; 4 in their own name, u 
the truſt being acknowledged by them, it was; fout 
That the right to the lands, and beritable band, bf 
ing in the perſon of Mr. Bogle and Mr. Hawileo& 
truſt, for the uſe and of the Earl. of r 
the ſueceſſion devolves to the heir of conqueſt. 8. 
1740. Hamilton. 1 11 1:7 {64 S015 Nn 1 
A RIGHT afefting an Gene, congeeft by n 
ns tothe. vic f the IT” ne Savceſſan. 


"3 


H E R E 2. E L. Db. * 3 


3 "TENANT: deceaſing, wither J 
Inwhat as be mailer or farmens whether e 
Ant have tack or not, his maſter will pat Ml 


5 | herezeſd of beſt quick goods... 
205 Feb. 1610 Heveaelds are only .dve when's 
tenant was reſiding and died upon the 9 and di 


pole 


HIGHWAYS, 143 


ſſeſs, atleaſt; avam partem unius davate terre; 2 
veta terre being four ploughs of land. Balf. ¶ Here- 
%) Sine. 76. June 1547, Cutler. —ferezeld found 
e, tho? the room was ſet in ſteei · bow. Hope, { Here - 
| 1d) Lady Frochrig.— A berezeld cannot be de · 
in anded upon the tenant's deceaſe, where the tack was 
nd to him and his wife; and the longeſt liver, until the 
ee be dead alſo. Balf. {Herezeid } 17. Oh, 1570, 
ogie. — A tenamt's reli continuing to bruik by ta- 
relocation, and thereafter re · marrying, the here- 
ere Id found due upon her ſecond hutband's deceaſe. 
. —No berezeld due —— but by tenants only. 
ice, 23. June 1915, Symſon,——Herezeld regu- 
ed by cuſtom, and due only by the tenant's heir, 
here ſuch it the uſe of the pare; ac Joby 1733" 
vſon; 1” | 
r be 1 a herezeld, , from an 
deſt ſon of a tenant, is'ſufficient to 
in Motec him from removing for a year 1 2 the 
er bis father's deceaſe. _ ge Leit to continue 
arch on, pron; 8 ati * 


x 1. H W 4 * 8. 


USTICES: of as! . m W che whole — 
tute- work within the county for the reparation 
one highway, and may permit thoſe who live at 
diſtance from fach highway, to compound at 4 
te beto the · ſtatutory compoſition. Fae" Col. v. I. 
146, Arhuthnot, Cr. Feb. 75. 754. = 

COLLIERS, gateſmen, wirdleſsmen;'' and waters: 
en, are not comprehended under the acts of parlia- 
which require Jabouring men to repair the high- 
Fac, Col. v. I. p. 22 2. Eglimon, March f. 


JosTIOES LIBRE {and Commifioners of epi. 


f 1 
Gy 


cir 


1 ofa es 


„ 
« 3 00 
e 


er Me a diſeretionary power, to ine what'roads 
get's — be firſt repaired; .and to divide che ſtrire into di- 
ins; babes e n er pe 0 work at the 


ads, who: ve at ſuch a diſtance, as chat chen kanne: 
. 25 tent eos n LE £99735 + come 
lle nag N 


chat the ſuſpender was appointed overſter by d 


„ HIGHWAYSS 


come and Spin a day, and-work a days: 
any higher à penalty than the — 
man Fac. Col. v. II. P. 0 Juices of Pes of K ze 
wiekſbire, Jan. 4 4 757. rt F er des 

INHABITANTS. of — are found. 

Pn work. on the highways, - Fae, Cal. v. ug 
1:36; Fruſtees of the turopike roads roms Þ 
Queeisforry to Perth, Feb. 1. % %). A 
ER SONS liable, in Sanate-wark forahe three 
before harveſt, muſt- be called ont before the. end ris 
June. e erde . 483, omg yr be thi 
1760, 2 TEAS SS N ee EN wy 4 
In ices of peace. ofthe difiria of Swinton, g _ 
pointed '00d an overicer; and among other ãn 
ons, they directed him, and the other overſeers, 0 f 
make up liſts of all the roads in their reſpeQive pan 
mentioning the prineipal places they lend tu Anf 
by, the computed lengths, and the towns and. village | 
- which can'be moſt conveniently called out to work up 
on them; Wood called out the perſons-liable't0 ee. 
form ſtatute · work, ſuperintended them, and:r | 
a liſt of the deficients.”, The juſtices, becauſe. he | 


not obey the above — fined him in fivepounk * 
Sterling. and Wood ſu The Lord Gin en 
pronounced: the following int — „In reſp uſe 


10 3 only, — not in direfted by 


% was 2 — 2 ff 
E 7 ain the cone therefore, and in 
2 ſpect of the other -ioformalities of the decrect an 
4 —. - the. Mops: nog prion: 1 roy 


9 — , 8 
3 it does not take * 
quo 


legated ve 
nt diſtricts: and the zr, 
rie, ma | | 
the office of overſect 


ople to word aud! 
ad therefore jeg 


pen Mp * Ki 3 1299907 
ll . 8 os _ 
. RED We FFI 


* 


ibs 4 


og 105 b 


3 $9 


4 34 

| k i. 
pay regard to nomisatibu | Del. 
: of zeal for fo uſefube! werkat "he TH f = 
highways, and * : +0122 IF; 


an homo A böte appetit 
ing that is contmargto/igw , Mee. „ 0 
e juſtices pleaded, AA e above eee 
nbiedly fall whthis HUGMN(POFWIEYWHRNrY RH that 


Vor. II. 


there 3 1 20 aromas ber wixt.an onrier and af | 
er: That f N d, Where, * x 
yYeyors are expreſcly. directed to call out. rh ec " # 
work, to ſuperiniend the making of the ropdy, gud, 
perform: all the other duties, of.overſeers..., 260 
George 1. , no difference is made bet waen 12 erg 
botz th ough the 5 „ of the act, they are. u | 
nonumous terms; and therefore, the ſuſpender; — 
doubted]! 24 bound to obey the inſtructions given \ himby 
the diſtri meeting. It was anſwered or. the ſuſpey 
- der, That the 25 of an overſeer is entirely differes 
from that of a ſyrveyor That all that an AL. ay. 
to dog is to make up liſts of the perſons liable to pry 
form fſtatute-work, to call them out, to ſuperigtend 
the making of the roada, and to report to PS uſti 
ws of the deficients: That it is the buſine | 

meyer to execute the above inſtrudions, and, in gens 

ta. inform the juſtjces of the ſtate, of the © highway July 

within the copy what may be neceſſar ut ei 
them in 5 ood order, and to inform again l. for un 


146 


cute all ple who are guilty, of an Encroachme chments; ati 
on the hig hways: e Ls overf e e 5 * 
fald 7575 5 commonly 22 ten 5 gr, 7 pat 


men of: Fil E who vagetiake, for N — n th 
ing the Fond made adjacent to. thei DT wa 4 6k 245 

in every county th bere, are a 2 num .overſe: 3 
hat, on the. contrary, all, or ks hr; the count 

of Scotland, ere 1 a forvegsr of the highways, vl 

has. Aa Teatr ly f a ary, and whoſe d 82 it is t0,execute | 
1 ig qu eftion.:, F 


"+: 40: 0 211-2 
fBerwick, ets 6 pol calle D243 C — roce 
E ue 855 * „ 


* 2 14 4 . 
4 - "X 4 1 


RO MDLYSIETE© N. 


give in his liſt of r. — 
he act of George | Iz Fexprenily declares, thut the julli 
hall grant warrant to — reg 3 Brom 
This duty, therefere, belon _ to the conſtables, aud 
ot to the ſuſpender- * T Lords, in reſpe& of the 
1 1 proceedings i in the beginning, adhered to 
the Lord: Ofdinary's interlocutor. NI Fe. Luce Hi. | 
137, Wood, Fuly'$t, %%. | 


nom LOG AT 
(AKING inftrainents; ort pronens z 
KIN a  futraments, x proven.” l 
nt homologation.' Balf, Arlt,) 11. e 


July 1560, Ruthven.——A party. re. Ia vor 
eiving any ſum, or doing any deed wats 7 e 


1 


onſequende of Silevrecs arbierdl; is barred by & 
pation from 
eb. 1566, 
part of the land within the kirk-yar 


. 


——— the fame. Balf. (408 1 26. 
ontgomerie. lt being alle ut 
Nate gs ws > with« 
n the purſuer's it way Foun at the pit. 
ter had homolog Fat of che kirk, as to the 
Irk- yard-dyke: 9 al within it, in ſo far 28 be Nad 
uried the dead of his own family in th bounds in 
weſtion-. Newb. 26. Stair. 28. Ine 1666.” Philorth. 
A decree of declarator of irriratey; ob non Jolutuin 
nem, pronounced by ſheriff, incompetent to med 
roceiles;/ was found era tech by 1 voluntary 

f obedienc#s afro vuſſat was tot 1 4 
d quarrel the ey reduction. Stair, 4. 

671, arge 80 found a ſaſſicient Komologh- 
ion of a ſale; made in mitority,! That the feller, 
mtg took 22 or a part of the] ice." Gift. | 
an, 


| rdened eine; eder the 


= Lond 1 
— % 1 
* 
* — I py = * XY ho £ 
G — hy 4 


1 


7 FEE | a 


— q 
” =_ r - 


0 "SS 
3 > 


Nr e Ty 
fecting it; töok e 1 


Mention; 5 0 
reſtrict the adiu 


248 Kg MOLD CADEON. 
im an * d theſe lands 30 the inan will, A 


-majority,. the gent "lands; were-thus f = 
while in nonage, took. the bene 5 of the. beck-bond, he 
raced multores. his was found 0 by 4 

bomologatier 77 
HY parrel it. Jan, 1 9 "_ ; 
"AWIFE bein ing * oy 
er ae the money.to th ps 2 

ker af but the bearer, e it otherwiſ on 
not perfeRed. this ſending g. after di dase 75 


marriage, was found no homo =. 
the bond. Gosf. 7. July 1668, Clevland.— 4 e.. 
_ orte-arbitral- belog/challenped. by reduction, as: 
to the enorm lefion of a minor, one of the partie j 
the ſubmiſſion z the requiſition. of a ſum, oĩnted i / 1 
reis by the deeree · arbitral, was not ſu a1. 
jon, ſecing he ſtopt there, and that nothin 
. it. Godt. 49 Feb. $07 Je” 5 
 Docheſs of Monmouth. 
© ONE being ſued to reſtore a watch, his defence was 
That, in the purſuer's preſence; he 
Shlence in it to a third party, andthe purfoermy 
"ewhat caſes it king no oppoſition or contradidion, i 
 Infareconſent. plied his conſent, Anſwered; The giving 
S 0? ue away af the watch was an a&'which.ih 
Purſyer cons not prohibit, eſpecially they being all 
ting in parkament ;\and therefore, his ſilence — ac: 
Imply a conſent. ., The defence was repelled, St, 
July 1662, Coupar,—lp a n of march 
Þ being alledged by the defender, That tho“ be iy ſer 
2 2 park-dyke,/,upon;a part af the ground challey 
y the purſuer: yet: 1 was /ciente & Mente « wt ob 
he red), Such a Lender Ppreſumpiĩon of conſent 
not relevant to take away my neither was it i 
cucbent v vpon the purſuer to d 4 c lar. 
N what was bhilt upon his ground woul "i ot 
The ord repelled the 12 5 1 
5 — nt the N N might operate this. 
the builder; mig t remoye; the materia 15 wreath 
ive to 2 purſuer zu- price. of the Jand cut 1 5 mt 
Fim dy the park-dyk 6. Stair, 8. Jan. 16634, icol 


nn to eee ha 


#6 17 0% 0.0 AT ION ug 


10 the father, with ſo much as land, 
* oy of the Ton and his wife in Iiferent,an@cheir | 
hildren in fee; payment made to the fon was ſuſtain- 
d, deitig in preſer een of che father. e NE 
1632, Johaſtonl. 3 e e e 
A BOND; Ke n nume of feveral '« 
ommunicating their rights,' and ſubß 
rribed by ſome! of them, was found not Conſent; cs | 
omologated by one who did not ſub- mo? . 44 
cribe it, tho, Je fat fatto; he coneurred i in med, wh 
roceſſes nk the apf , to alan the right = 1 
ther rights, being it did not 4 2. Heu. 

hat he Knew of the bond. Stair, J 1 a RE 
y 1661, Telfer. - | 

THE Yubfcribing as witneſs to a rack; was. found: 
ily to be held 8 @ teſtimony of the 
th of the A cre yu not to pre- Patti iner. 
ent him from ing "the tack.” ing ne- 
add. 4. Dee Hadd 8. ledęe /. Shut ; 
ſoly 167: Pawn es e parties ca. — 4 
ending apt theproperty p48 a coal, and right quars" | 
me of theth, Who ts obtained adecree 'r rd. . A 
f removing againſt che taekſman there- | 
f, having ſubſcribed witneſs to a tack ſet by the TY 
mpetitar to che tachſman; the Lords found; That 
his 1 did nor prejudge his Due to the ooalz 

ecanſe, ſub a, ibere Poſſum we teflis, Hieet non vrdi 155 1 
ulſerip, Dur. 19 9. Joly. 1625, Wallwood/—— 

as again founs; altho' in the tack there was a 147 
iſerted -in © the ſubſeriber favor. & 28. 
625, inter cu. A member df chapter nds 4 
bbſcribed à Web ſet by rhe diſhop, not e 


eee 


BEEF? 


IE. 


iet as 'wittiefs therdts ; this was ſound equivalent. to 25 
Naß conſent. Dur. 26. Joly 16408, L“ of the likes. 
ber - A party, mentioned in a bo! 2 | 
ot found bound, tho' Ne fubſeribed as witnels, unleſt 
e bond had been read over to himat the Hgüla g. Star, 
* 6. July 167 Gorden. Ode ſy 4 . as Witneſs 
right granted by his debtor, | edge of = - 
fro0Wontents, and 'acqtſeſcence in the dei ds tot thers- 
i preſumed; Skai, 1: Feb: 1676, Vietch, == A dit. 
ord * Au granted by u redete, Gander fond — 
agginſk: 


N I 3. 


% I 0 De AHG N. 
againſt the minor, cho the minor ſubſcribed; ths 


charge as witneſs j- which was not found to infer bi 
. Bruce, 20. July 17 16, Allan 4A. 


eee anted a. ſhovt ticker of fix dr fey 
AN to whic 2 huſband ſubſcribed as witneſs, 


that he could not be ignorant of the; eee 
Lords found his ſubſcription/ as a. witneſu, in 0 
equivalent to a. conſent. Fopnt, 6, Jan. 768054 
born An eldeſt fon, ſubſcribing: witneſs toi 
filter's- contrad of n ſhe. . | 
her buſband, nemine dotits, a bend of provifies,/ 
to her by her father, upon which exceution was appoing 
to paſs. at the .brother's inflance for implement ofa ( 
clauſes. in the ſaid contract, conceived in ber; fav 
with his knowledge of the aGgnativn made by be 
was found relevant to infer -hoemelogationg ſo ah 
could 'net;”as heir to the father; reduce the born | 
ex, capite lei. Forb. MS. 15. July 1714, David 
Found, That 4 father's ſubſeription, to high 
contract of: marriage; did imply his knowledge — j 
contents, and conſequently. his gonſent tou x 
made to the wife of a certain ſubject belonging jo 
| ſelf; and which the ſon could not t wi | 
father's. concurrence. Feb. 4924, Johnſton, .. 
IN 2 ſuit at a relict' inſtance; again} the huſband 
heirs. in ander to make. up what was wanting df = 
liferent ſtipulated to ber in the contra} of x Ab 
it was alledged, That the purſuer ſtood infeft in : 
tain lands, upon a bond granted by her huſband, 
ing in full ſatisfaRtion of the contract of marriag 
| which- right ſhe had accepted by poſlefing five or 
_ years after Oe ['huband's — og aud thereby h 
dg. the fame... Anſwered, That the: bond; bei 
ed of the huſband's, and the infeſtmemt nos unt 
her, but by an attorney, her poſſeſſiou cou nos! | 
homologation of a elauſe ſo much to * 
-foiſted into the bond, aud which ſhe was not p 
to know, The hom 


. 


ologation. was ſuſtained; for: 

ignorance may be preſumed in a wife e Gi | 
tra annum. lufus, yet ſhe having continued” 
Fears, and done ſo many deeds expreſs)y as lieren 
A chen e daa ale e, lying: 1 


MONO DO N. ay 


d, but: in 4 third party o hand bo- had taken 
2 that caſe, the Lords thought our 
wat to be - Stair, 14. Nov. 1666. 
15 SPECIAL legacy, of an * "being 
t in teſtament, and the heiry who was - 1 28 
d executor, [confirming the-ſame in -Nepe: 
— counſe; this — ed — — —— 
him from quarrel} e legacy, ſee · courſe; in | 
og confirmations paſs courſe; without A 
Jverting GR of the-ubjeQs ©: 1 1 
onfirmed. .-Stair, 23. Dec. 1673, Mitchel In K 
0 a bonds) e 
being alledged, T bat ſhe bad homologated- it, by giving 
pp the ſame in the — ed — this the Lords 
pelled, it being hard to udge an ignorant woman, 
— knew no better — A: the advice of her 
rocurator,' who gave = 6 _ n — Ner. 
1677. Sinclair. ein * 
AN interdictor heving ſubſcribed. : a bond as cauti- 
ver only, not as interdictor, the bond 
as. reduced, as wanting dis conſent. Ae 4 
Dur. 12. Feb. 163g, F orb. Found, one: capacity,. 
hat the ſubſeription of a-curator; not / it inſers 
ſuch, but as a party, did not im-. conſort,” 17 
his conſent as cutator. Nic. (Ce- cefſary ta 
| raters). 11; March 1623. Bargeny,—— gives id 4. 
* buſband, being writer o and ſubſcribe norhber capa- 
ing witneſs to à diſpoſition made ae — en N 
vife, of her lande, vn found 
e foficicer conſent, ſo az. do validate the Siſpobtion, 
20. Der. 1928. Riddel.— A- Lady, being nominated 
poly both tutor and curator: to her ſon, —. to ad with 
the advice, conſent, and approbation of 'five' friends 
therein named; and they not having given appro- 
bation ; but, in ey: thereoi, having ſubſcribed as wit- 
tefſes to her ſubſcription of the accompts, after they 
had peruſed the dame; the Lords refuſed: to' ſuſtain 
their ſubſcription a5-witneſles to; imply-/a conſent; but 


2 


aceompts,. and referred to one of. their number to hear 
them in a. proceſꝭ of exoneration at her inſtance, and 


1 —— — 


allowed them as yet to object againſſ any article of tbe 


— in the exoneratidfi." Towne. hes Ml 
703; Reſehaugh. - An apparent heir, | 
-witnels to a death · bed · ded, was found! ww 
Tonſent. Stair; Gim. 2. June 2663, 4 
' @ reduction of a diſpoſition, — — byy 
Father in favor. of his children; the Lord 
found this de fence relevant, Phat the — I had cow 
ſented, in fo far as he, being the eldeſt ſom; uad fl 
ſeribod as witneſs, and knew and heard the difpoitich 
fo that he was not ignorant of the tenor thereof · Stn 
3. Diel. ut. july 1666. Hal yburton.— In a queſtics did 
whether an apparent heir, ſubſeribiug as witneſs" to 1 
deed by his predeceſſor in lech, did not import x home 
gation thereof; the Lords, intending tö f A ge 
rule as to this point, did find, after 4 fol. debate; N 
the apparent heir, ſigning as witneſs, ought not to 
Port a conſent, whether he knew the contents of 'thh 
writ or not, and reſolved to follow this. as fit ed tu 
in time coming; and found, That che. former decifion 
were in ſpeciaſ eirt umnſtantiated eaſes, and made no — 
neral rule. Eount. 13. -Dalr. 19, Jan. %. DM 
A woman, during her ſecond marri marriage, purchaſed , 
tenement, took the ſame to herſelf in fiferent, and-to u 
daughter of the firſt marriage in fee: © This was'thad 
lenged by the heir of the ſecond huſband, ' who'atgued 
that it muoſt belong to him, as being preſamediconquet 
by his father's means: Anſwered; Phat it was butt 
preſumption, which is taken off by the haſbanc e 
ſent to the diſpoſition, inferred from his giving- ſafithi 
thereon” as  bailie; © NNeplied, This was ache en 
Duplied, It naturally ſell to the huſbaud in this c 
to enter à proteſtation ſaſvo ue, ſuo, if ihe: had nd! 
meant to aquieſce, The Lords · ſuſtaiued edierte 
. Stair, 29. Jan. 1668, Brown. AVE 2 0p CITE ys 47 gf 
A nnn who, in his minority; bad granted t 
bond, being, after - majority ſued fot 
Conſent: Y the ſame, - he proponed payment, tl 
friſumed, which he ſuecumbed : Burcthis? was no} 
bert the» found homologmtion #vexclude-tiim fron bon 
tool ou Pg another defence,oiz. minority arid geſſon 
aſcribed 10 a»- + Stair, 28. June 1 
e reduction of — 


HOM Q DHOGA TON. #53 


eſion,. at the inſtance of a_cautioner, .homolagation 
was. pled, in ſo far as the reducer-:had obtained. a 
decree againlt the principal, to relieve him, eh t 
argued, implied, that he acknowledged bimſelf 
— Anſwered, No doubt he, was $ de- 
auſe deeds dane by minors to their leſion, are not 
72 N being entitled to an action for 
jeje? ry ms the principal debtor, and a reduction 
exedinor pen. minority: and lefion; his chy» 
ling to inſiſt npon the ons remedy, in the firſt placs, 
| not infer that he had relinquiſhed the other; the 
2 found, The decree of relief, to be no bomolg-. 
ration, ſo as to exelude the reduction. Stair, 20. Feb. 
1668, ' Farquhar, Harc. (Miabrity) 13. Feb. 1685, 
aleoner One having granted a bond of proviſion to a 


22 


* 


E 


D 


laughter upon death- bed, the payment of ſome annu- 
the alrents by the heir, was not found an homologation, be- 
ng preſumed done e pietare to his ſiſter, not otherwiſe 
ſiom rovided. Stair, 28. June $671, Hoe -Rereis - 


he of bonds by a- minor, after majority, and getting 
payment, was found no hatmologatiou of 2 deere ot 
exoneration: at the — — is ro- 
Incible, but ſo that the tutor will be obliged to ht 
4˙ον. Gon. 1 Feb 67, Caldwall, -A minor 
having ſubſcribed a bobd, and ſuſpended it. after me- 
jority, upon 1 granted 80 one h- wa con- 
junct· enutioner with him; the Lords fou chi did 
not infer bomologation agzioft him, to make him pay 
the reminders Gosf. 20. June i672, Deans. It 
vaz not found bomolagatien of a bond granted in mi- 
nority, That the'debtor, in dompting with his tenant, 
gave allowance oft ſome annunirents paid by him to the 
Sreditor; /whicly Wa preſumed done to ſave the tenant 
from double payment, hot from aduhy view to ſuſtaiu the 
bond. Staig. Gosf. 14. Dee. 165; Modie But a 
dond of proviſion In leo, it was ſuſtain- 
td 26. an homologation, That che factor appointed in 
the heir a minority: heving paid the annualrenu of the 
mn tho ſame was allowed: to bim 45 an article: of 
diſcharge, and a map py — b the heir 
aſter ma jority. LY > „Jan.“ 168 j. Cr 


4 perſon having paid.open accompts. due by a wjvor, 


%. 


= 


- X 


Q 


— 


% 


* O M:0L90:GAMDION,: ty | 


eee 
ainſi which he had an objeftion, an le 
his predeceſſor, withaut conſent of 7 . Sree 

e patron, .was.fqund:0 bon homplo- n N 
ico; becauſs.the rack. 232 N 
g right, . the, minifier yo le m0 . while it 
ore but the. tack-daty; Abe Would Had, 11 Fw 
ace the, Sn Nee 2 — bomologation. 
E op Raving e „ 4858 
« vaſſai's ſimple. ward to tant - ward, and his faceeftbes 
ſuiog reduction of the charter upon the act 11. parl, 
585, and ad 5. park $619, ud the vaffal replying, 
hat the preſent biſhop had homologated the aforeſuid 
bacter, by receiving the canon, which''waspaid* 

by the old charter, and was; augmetited by the ie 
de ods found, That the biſbap- was not prech 
om pur reduction, ſeeing, while it food, he 

puld claim more but the canon; and ther 
und it no homolugation- Pale. 12. March 7684 
rebb. of St. Andre we. — In 2 reduction of a con- 
ad of marriage, upon minority and leſion, it was'nor - 
und an h ogation, That the: purſoer; after ſhs 
as major, bad. t ber jointute · lands, and- uplifte® 
e rents $he gauſe ſhe. way not quarreſling what 
je got, hut At ſbe gave. Stait. 22. Nov. 26665 
['Gill, — There —— made among heirs-! 
rtiovers, one of whom was minor; the Lords found, 
hat her poſſeſſion of her port, aſter majority, was no 
bmologation, and that, not withſtanding thereof, ſhe* 
ht reduce, ini anne ir. Gos. . July 1669. 
2 Nang ſet — woman, ſecluding —— — 

ing reduc upan hep marriage, — was found, 
dat the ſetter's accepting. faveral yeats rent from the- 
uſband, was no. homologation to bar reduction, be- 
anſe, while the tenant vas in poſſeſſion, he could do 
ther than take the rent and the aetept ng of it from 
he huſband, + was doing no- more than ha ay 3 ys rl 

abi 2 . . a 
om is & . 11 an, 14739 

THE hejr hawing howalo part, a "legacy uf 


beritable hend. by aJows aJowing and die 5 Part. 
; * 9741 4 * na * * 1 reof; 


1 no 0 r ; 


DET ern 


230 
the ecree, { 
tempering the . bar as 3 be pron 
an.homologation' of that part which in null. Hadid. 
March 1602. Inehaffray . Obtempering one * 
of an articulate decree-arbitral, found not to be an 
mologation of a ſeparate decerniture D in uy 
decree. Stair, 22. Nov. 1662, Primroſ dme. 
AHUSBAN D having granted to his wife, 'yot not a 
therways provided, a liferent-proviſi 
* * If. which was therefore not revocable; yl 
4 part uncon- having, de ſacte, revoked part of — | 
Iroverted.. 3 that part to his f: 


the relict having d debe 
of a year's annualrent of the W the * n 


found od this an homologation..of what was leſt by A 
huſband to his fs 152 and therefore reſtricted her 4. þ 
it was alledged, That homologation. mult be expli 
and expreſs, eſpecially again women, is lug 6 ger 
rantia. iuris arcuſatur; and that her accepting, in 
firſt place, of what the could get voluntarily can 
ver infer a preſumption of her paſſing from a claim | 
coold not reach but by way of proceis, Fount. 1. U " 
1687, and 10. Feb. 1688, Carmichael. * 
ONE having: made a e appointiog: tr 
Fe da ND * 
rotefti cy to his daughter; and his w 
takes +7 —— — err but vnde 
preſumption 3 that it ſhould not - prejus 
of conſdnt.. * _ Os eee of this was found td t 


5 
ation, c 
ſo che legacy was 2 zurden = open the TS pt 


H ONO ATION. thy 
ly. Stair, 12. July u, Muay I inde 
5 homiologation,. we bard, 


 contravia fuld witttake uff 1 
it not detetminedt Stair, 56. Jan. 107 14! Calle. Gy 
A SUBMISSION dngered" into by = . 


ife, with regard to: her 1 If — 
pl upon the act 1687, there but 2 N 

de witneſs to her ſubſeription,” was inferred: 

ond 3 by dar haſbend's from ade 
rearing and pleuding in her behalf © deeds: of ow 

fore the arbiters: for the hafband. be- adminiferis- 605 

g adminiſtrator for his wife; his con · dow þ Me 

it implies ee * Ans 13 
elfer. f 1 

A MINOR; having curators, granting a | bond of | 
rrowed money, without" their conſent, - 

d having made payment of any part Ene of — 5 
the ee aftgr hig perfect age, mologation. h 
was found thireby*to * 120 ratiſſd And, imo, 0 
e fame, and that be could not be be 8 6 it will va- 

reafter to iii pogs it. Hadd. 2 ' lidate a L : 
A 7677, Ora — A contrast fol. © Herd? | 
ribed by 4 minor, without conſent of. ] q 

ators, whis:fount homotogared by a decree of "Ys 

tion of the contra, obtaned by the minor after his 93 
jority; '' Stair,” 28. June 167t, Home. Payment 
annualrent after wi 8. tl wasFound- to G78. 


dond hy oo 


te, erat eee c, 

fer modum tituli, in adions at bis in - dae a. 
ice and a alt him, waz found no _ writ AY 
| f an error in. dad in, "ed un an 
ree Fe a eee e 


. 


4 2 5 


120 


4 enen dt. on 


Lidge, d, 6 7 3 Wa 

1 91 75 3 of 
t ah ee ar Os | 
Py 4 acts — to i 


725 — r 1 | ; 


DEATHS EQ&difpokgion: . lege 
i the heir does an r Fac. | 


v. II. — 426, Anderſon, July 15. 2 74 

WRITS: 77 #n: ſc ge 's If 4 p * 
ce See 2 on? ve . 00 1 1 | 
n mo⸗ dai 200727 5 0 85 fl m EASD“ 1 


eb ON. 2Þ N. Goon 


al 1 WY 215 my 
85 


on 


dg 8. 148 9255 


ed by * ul 
I : ! 
* mw ** 1 
ite "TIC 
4 . 
. *<W; 
oh it | 


At 
e 
NF 


A 
75 


7 . 7 


15 pet 15 


ps. b 


05 1 8 = 

7347 

6 nt cial 
25 3.991 1 8 110 
ei 10 Bi! 91 2411. 01 1117 8 620 017 28 ese 


2 07. ory 3i bim zv H biuow 31 ; idd1 WE 341 51088 


HO ; 8 _— i of 


ns Naomi ins gans QUOC * 


| eig 89 
the 9 0 


— t 5 


HU 92 ebnete 


e I NE 
1 hee 3007 150 OJ 75 91 4 
oY im "HUSB 2 5 D 4 ps 


Dy” be 50 
bat Subj 10 000 47 
t {1 Hap O $ ga .Y as. 29009 1 


. 4:1 
a5 4, Fr tl, 105 082 0 55 * 


N ol. 


io ubs * 
Iles, 


R ILY 


Alle TOO: 55 28 n 211A 
\ fom termly, e . e 7 fall 
1 d annual LT from ax tt live el 


payment 
er huſband's perf 


ron {1X E lone. # 


Howe 1 
855 1 n 


ore che 20 1661 ie would have made n — _ 


Ky) 4 
= J 


e öde = | 


WY 


VS BA nb wit er 161 
A QUESTION) vecuvre Tre 2 
+ carry n conditional obligat 


ing the Rariding ef the marriag 
he that — — of + 
er time it happened; did 555 — e 
ade the caſe. the ſame; az If it had been pure 72 
; bat it ws pas of ane re hat the // ma- ; 
iti did no more carry obligation, ich fel} due al- 
the diſſolution 872 * gee $i than the ju reliſh 
-onld carry ir; or the eſcheat, "unleſs he 
dadition eg Poet * puri 
| ty or gift.” "one: 18; Dee. 1694, Fo 
ede the reli can Iss! 50 ORE 
of heritable debts due to her deceaſed! We 
phand, ſo neither has ſhe qetriment by de dus by 
ritable. dedbjydiiz by tim; and theres: the burbend;. 
the beritable deb cauugt exbguſt barden; not” 
e moreadles, to „ the reli: 2 good er 


Dl 
g — is not 
lened with any bonds ve by ber e bearing 
anvalrent.. Stair, Sang 85 Dee. sd e 
ord. 27, Jan. 1 13. Monerief. 1 
THE Lords found hu "nor Fable for'the p 
ipal ſachs . his' your n 


. 
duriag the: ſanding of the: =. 
Ae Bob, v9 48, en 1696, 

Jam, 5 Sen, f 

Taz Gorlos: hi ara 1 * 


| 
| 
U 
| 
[ 
| 
| 

| 
ö 
i 


dn metal ber executors might Hill crave 184K 
re, if P 
donn, ak; 


Die dectaſad ſpauſe, N 


t marria ewe. bod go hed bi 

ing thre, 8 wa ft poll nployed, heritably 

3 „ fall tothe huſhand as mpreayls.;'1$ 
ants 2½ Fe —— . 


| which:bgtopged ten Sp 


61 | HAAS nnd wn 


epnycook.. | Di zahn {a «414 * > bf 
e aud horaigg, uſed bg. mam 
Von fer her Wee & 

The wilt's- net 00 A it mor to im 
heritable ſub-; er ihe huſband to hogs it uro n 
zen render. ii without her conſent, but cht thed 


during a 44x June. 1609. Ogilvie.— Faun, N 
„ 5 
ek the. monex te. o it 
nee. ie did not make it fallanq a 

f huſband's. jus m ẽ] Hare. mm | 
eee. Dec. 1687, net S tense. h 
ſuing for exhibition and deſmety hone ana 


tg: tobe ont. of pore i 
Wa pled, by apatſigneeram 705 


vrai ſub 


ſeuad it 6 Tias the ike 2 yp | 


e 

ag ing the marziag 

aguin to her and har huſband in lieren, and; bas 
in fee; after the huſband's e ent 

tothe bond aa dan deter virum © wrorems'r 

ble. by ber. It was auſwereds Thatchemongys tl 
upliſted,| became. moveable, n fell 40 tha hut 
c4aw, not by any voluntary conveyance eager 
hie Lords found the u uphſteg - up 4he wite) i 

| charge; fall under the huſband bands - maruti Ya: 


cond make i©.appeas that i up ted ne be 

f oped: oth 5 . —2— 2 4 X 
—_— artiape} ount. 10. 

— N ks A ts Sri 


; 7 
1 C +# = 
# Kg N 
3 5 * — 
N 


5.” $5 ue" 
* 1 } 


6 WL 
% 9 % Y * 
— 
* 4 » 
% & A 1 
* * A ar — 
* 2 © 
- + & 


\ Sag - 
— 
% 4 


ung un KD en = 


r iter az pace ane eau pregegice bf afers: 
ment in het i be- Lords fond n pat ont 
4 and refuſed to redure t but dederedithe.clefedder; 
give bond, Uetring, aonualteeds tel th. purfueny for 
hat was 7 of a juſt price... The diſpoſition was 
de, and bond. 6 grants, . the e 
;. which gave. rise to the hether: this 
4 fell the int mani \Phavcit ee 
x , contetded, hacanſe all bonds: movable. beſare 
— — — hs 
pleiduri it-ab:co ee to. | 
— could not ca ſe tobelhis,:vho' afterwards. 
bore annuäaltent., It rag contended; on the other 
nd, That che band, came in place-of land, aud d 
xe ſame 83. ij the wi had ſold ner. heritage during the 
arriage, and taben a bund for it; which ion 
þly would by exempted drom the. ja m Fn 
re badlihtem ned bet uren / che date off ub 
nd, and the term: pen, more · might be ſaid;; 
«that wand pa the large chſe 43:if ond had bean 
aken as the price. oh lan old chefope the. 5 
Lords fodndothetdum\beritable." W 
ö <1 3, ian 1 r 4. IA 5 . vi. 32 
eee ere ar. — 
vInge ::: opęes uno. 182 am 8 1 | 
614, Lawſon. ct; fuer aligned ws rend N 
e vide, was ſound:to-Hegome the haft ab ; 
ds, jura i nanith, the nh inummned! fe- | 
lar beings char — 4 ee 
8 81 TY 
ie was:feund to bave;.compeptavien- abet 
6 debt · das bythe decenſed hauſbamd, unieße 5 5 
1 — An- ene. git Sg 7 
| bord payabletibe. Grit term after | 
- e h 4 : 
dat term in was not the 
u found moveable befordiechevterm bt pa "ape 
a n huſtand re  pe 
before:his watesandibefor (tlie terme of 


dur. 57 Tina ag vs Aden | 
| — e preh 8 — 
* 


* 


164 BA N'D 4 


called jr Lady's gown, dren org col 
ſale, and for rehouncing ber lifergnr i e 
the Ern was found not to fall | n 8 - her * 

zu, mariti.” Forb. et 2775 5 


Piti rran. 141 ; «+ 7 247 


ener lene, or der. 


Money, lene may} urfoe forit ae 
er given by a 19. Ve. 1635. F | 
ue, preſu · Lady having. ae 
_ med 10.be the kine's Lady, on 
Luan 6. row en 2 
E 4715 21 67 N 
That the inoney-which * 
Lady Enterkine, was Mr 
and chat therefore; action o repe „er was erte 
to Mr Rigg for the ſame ; cho was, argued c den 
gainſt equity. that a huſband ſhould be entitled to n 
. when, he is not able: to condeſcend pon an 
money W ej n at that, 1 
former t Jan 27 Ari 


imme, 
. f 


he s pos pg 


, 


final, 1% 1% away n Z 
raft. Pep 
2 8 | by > bon heir, ct in bs 
een 22 the bur ＋ 


ation, ſeeing. parap 8 pat 
' tl of real eye 


; 


2 


2 | 


4 i. 4 N 
; 7 NEE] 


7 ee 


6 _””” WER 'D | Wahi . 
* 4 p lb by oy dice 
—_ * . p p = 
2 rere 3 — 


Ti 61 


F 


73: 


HOU HY, 
thereafeerno 


other abinigs fer hokdiog:the er 
* Nefe 


1 
A lag 


Fo me 
: 2 ts OR IAN about L. 46 Wal 


9 Lee e 


the uſe of the houſe; 
| he gr in e bdang ant ber 
t e BE 


Luan: net 


ſerpenniee 
5, to her, in 


44 TIW. 5 1 
(as TA 


95191525 A ene Im 


Adnet Tap cabions, 


| e 

| — — den hen al 
and ſhe acknowledging. Tat be. 
ten oontainin 
* 


e 
= 5 


gi. 


wine 
5 — 
4þere ver ſumeg 


ti 


1 Ta Hers, 
Fg 


r 
5 e en — 
Be, n e ee Fac marie amd 


4 Ty a 2 
en 2M. 3s 41 50 i 


24 an 


5E 


2 55 = 
—. i "> =} 


Fa heritabls deb Gl 


0 

THE Hi 01 
Es befirable Ab, 
ir fiage, 72 Tuqitals 


o 


57 175 2 93 
e l, e las, 


— — 
5 e rat, . 


* Jan} 58:"Ls Xs 
er dh Mr l 


ede e e e 
. 11 "4; 8 
e210 7 55 *elnens? e 


* * 
4 * a 
- * 0 * * # * D $ / 
* * 
0 f — 6, 4 V V £ 1 ho 
5 4 F * 
— 


looſed by his wife's death, and there remained; 0 
any e ee eee ee 5 
him. Stair, d MAS Dee 1 6 

Wen ob e 


eee ee 


_ <——_ * 
3 +6 
— 


—_— * 2 = . 
_ 2. =g "1 q 4 * 
. 


at 
4 
us k 
1 
[ 
I 


. 5 58 
fende eee 


64 
1 
# 
* 4 
149 
s 59 
( : 
9 My 
Rt 
1 
1 
i 
Ld 
5 
T 
1 
14 
* 
17 
"FA 
4 4 
1 
W 
U 
7 


, 


1668, Andrew. 7 
intromitter to a 
intereſs, and the wife thereafter 7 the Li 
found; That the husband, not bei otherwiſe fa 
dy the: marriage, ſhoujd.not be liable, unleſs ig 
proved, That he got the 0. intre mfr Wü by 
wo Dirl. 16, Feb: 2650, Mackaill. 

A Wola. dutrix to ber fan, having e 
| | forond,” and then a third; he{back 
WR, un. And the third huſband, and the 

then 5 bath convened, firſt, for her plies 
avie on dying the ſtanding 2 
15 el . then allo, far what hy 
Had received) as tut rin before that ſecond marriages 
Lords fonnd, Thai the third husband could;ncl 
copvened for his wife, of her ſecond h 's thing 
miſſians during that. marriage, until the heirs. of th 
ſecond husband were firſt diſculfed; and. 26 Toth 
years that preceded her ſecond marriage, found, u 

the third- Posband and ſhe might be convenedꝭ ſor be 
incromiſtson during theſe years, and that it not er 
to: ſue the veproſentati ves of the: ſecoad ha 
band for the ſams, feoing 2 paper 384 


herſelf, ſhe being then wufrix, and . HY 
her profent . Dur. Spot. (Tame. 1 
1629, Matthielon,——+ A husband, being ſurd form i 


puec: of moveahles intromisied With br bis wife, it W 


That her former:hycba of thæie mow Bl 

ables, and that hie ſucceſſar ſhould be linbfe, mr. 1 

in th place; which was ee 1 

I» preſearihueband.to-ſpe, the rs. aki 

— Ar gf WA arr A Stair, 18. Feb. K. n 
frepithe wife's 


88 tabep e bins not Jiabl 
And he be /ucroryc hy. ha marriage. 
nume be first, diſenſſod. Stair, 23. Jan. 
ieee. hysband, being comrened? x kay de 


+a flo; 1; 1 
* WP 


HUSBAND ant WF age 
his deceaſed wiſe's moveable debts in quantum fatter 
at lach ier; che Lirds found the Rusband liable 
bfdarie only; the heritable'eftate being firſt diſeuſſd 
d' exhauſted, in regard that the jus; mae! being 
aivalent to an aſſipnabion Sat?! Mues, the ors 


-4 


I 
4 2 
oy 


wm N ee urig dhe 4. %. 

of a procefy. of dixvreemen tit 
N Alke che fuit was auh vile labs 
et, ia the mean time, the Lords ſound the was tobe 


b 
G dee 

by duld have ng uarrel, 10 long re was 
A. bfacjency EN their protons. ; 1 enn Feb. 
raw 08%, Leven”, 101 3 , "4 4 5 ech 5 | af ; 4 # 9 
(eb Masa Due deiseen Hhaband tod fe, 
"10 A MAN. putting any his wits fir yl aged fault, 
0 was found; That he - ought to maine Ys - Krb 
wo e pee ee e, n 
er me o his ben — 4 Way. tillre cen. ze 
ak wiation or ſentence. of divoree, Balf. ment 
= 1 N Deren 26, pen fr 
I. 
oh 
nut 


i bneated ut ber hysband's charges. Coty. 2. March 
W 54 — —— Nota. —— 9 the“ the 

| '4o WII 44 4 155 
r be A WIFE% age pr ph merks, out « obſer WE 
i er bußband, wag found Vi; pages ee dae 
hend illaſtrin, und he ont of 


* 


— 


＋ — — | 
herefore, the rn. | — Hope, 
Huchand and ne el gry 8 


"PHE- hut ale nods: Thin og bi 
ate, even ner — no wy 
2 Ump. 8 27 (provided: f Stabe, 686. 

W, e * [June#679- 


FEY 


SI EL3 


_ 
4 =Y 


Abi A* DI kd PE FE. 


2 0 ls | nr 
1 


in aut . 
ſon? 40 dads 214 De rec 14 


4 Soup 
AFTER Wie 1 
band, the falling 15 bY pond pho be 


to the Bath ft d #Heafth;" dut her . 
i hes declarations from other p phy re TBA Bd 


5 Seen Forer her, Fe fen 


broad, on his Veit 
14 — elk” fender 2 
An be Anz Sg vos | et 


— Ar m for that 
for it: and King 4s me hte el *6rtourſe 
es _ 
the eue n 4 d t 
the huſband's cenſd ht, and found: Phat: De Ll 
deſert beyhuſband'tKwtitly/; yet rene ee zun 
it, and Bis fortune ud —＋ . 
to promote the eure, ahbo* ir" 
Bath, or other Wediemat Wa MOT 


ained the procef;;” ar Here v6; b oft 


band, m 1 Kar, us the mon 7 ad 

on ber Jourdey” to En and. 2 Founrif r 19-7 72 5 
Mheere „ b HI 00 Moon 97 34H 
_ + +WHERE the husband 1 nme eee 
in is on family, ſhe is nor efititit e | 
ment, - unleſs” ſhe prove % Arid, call 
unt. 1 9. July in Kir ; 8 7 AN 

THE creditors '6f A Husbäbd; ha aviitg attach?! 1 
145 He, 8 Whole fümds 8. c e e 
Unleſs be be- /"Heularly a coef table ee 
'1 + Hd T les wife" een; tee Ret 
"BPR "for un ulient pale bew, und ph 
207 Dee of 16 ſe wy 
the rbcipyoral” tauft of Abe PEA 
to her hösbund 2 und there , We tk 
her effe ds, without perföt mn e 
nis eheditors coul Be I Htuutlempethe 
muſe paft to them Wir ies Burd tmn Anfwered, 

jut mM and Ru⁰buhd't "ob! aden ee Anker! 


ir ite ndepetgbnt” v 


* 
+ 
£ 
* 


PAP AN wok FEE. * 


| 2580 pada, 
ng. and e Wy 


of 5 


* = 


= = pp 


4711 


e 8 : 


—— — 2 
n —— — coun . — 2 * 572 0 * "RX 4 b 
— 2 . * =X „ _- Cc. 5 — * 
* K — 9 2 
> 
7 


— — ͤ—-œ 
Og, fig [ 
2 % 


* 
F 
{ 

þ 
U 
* 
5 
4 

4 

Li 

ei 
7 

*} 

30 F 

#4 
„ 

+ 
1 $ 
* 
l 
+4 


trad Leda pure 


12 Fi pea reift 10 91 2 s * 


27 = 
it 2 fl 


: oy Leng 
! mn 275 * e 


pals Sal 


=PUAR RI IIaun EEE STI S0EEE ERAS Pra SF _- 


er the an * 
5 2 5 2 65 bf 
F{ L (Af | Le il 
EE i 
- | h 4 pus p er 13 To! 7 
45 * 775 


2 e l., 

or her.entertgi 1, term afl 

. Aa 
| P 1 . 2 75 5 IP 


iti, er, 7 
— a . 7 29828 
Eng: - SES 


2 * BY AG DOA 8 Ds; - 


ens 
eee eee 


Ame ahoanality 
nd 21 od — hv = 
| 4 
| ere yon norm Ao —— F Moy 
e eee ee eee ih ed 
He wider 


atowedrhier 
unleſs e uo 


* * & 
16656: Murray. A Braſh 


10 5 8 72 « 5 | : i 9970 
{ TI 5d yi PSN = 3783 270 11 
2 l 9 == m Serb 
on the 1 15 
E. e. 


e Ne +. 
At doin} aibedde 
\'! 91d 64h gn3 ST 
Kerem it 


hh fue c Thi — 
| U ben ee 
da DH jon been nö. — Tag tr 


ery a nn 


ci 
_- eebafioridhfoly tint ,ðẽ4Q„ö 
| - novieſthelloſ; „Tune FellQ'v: putt 
of tiresfumer a i¹¹ννν,⏑x, 
thomeeidf iv. bl 
unocomuy, 4 7 » 
wifc's funeral expences, . — | 


1288811 


HUS WAND SS WE 5 


lutratiee title, andwho had | 
caſed; u Juerative'difpblitiog-of hls lands; wis Found 
able for | the! expenes/of ris fancraly/ and not _— 
„ rho' provide&/ins fointure. © Harc, (Sears. 

arch 1683, Modwoſt——+— 4 ret dying, without ha- 
ng any means or eſtate to defray: ber funeral , 

heir of her dervaſedt: huſband; th? A remote 

1 — Felt. Hare. (f) Nor. 
5815 man nenne i 


10% mins 279585 mater 18 Ar to ech «9 10 


1 : 
3 


THE buſt hes þ 
2 communion, to 
Ir after his death, S eeve it [Ns 3 Aire 
Fae dulo; but 4 g anted to a fn com be: 
tiece, „ peyable after the dearh ale 

ante and aF his wife inf ta bt te 40% e. 
tir of hr n body; and treu 

f fraud being nere aledged, vis; That, at the nk 
he b6nd, the griviter Mid for un flare fifficient'ts ſa 

ixfy the bend, 
is wiſe;> who ar net NE w provided, and that 
he bond“ born Fonditpngref met having «heirs of bis 
wa body; the! Lord found theſs-eirermſtagced rele- 
kerb ee Thur the botid hood not affect the 
ife's half, >> Sealy, DH , Peet 169 Thomibin 


2 „ 


and good 
| vel tho dieler having 1 ehibdrew of bisown ;” 
the Lords found; That this won net 'difappoint the 
viſe of her gat intereſt in communion. 
Stair, 10. Jamig yy; Orants N αονν n 25 b 
'A LADY; who had deſeriad hob AU οο 

e /evitiewpand got 

— her ure. 
fon, whis oat Br hp tops be be v5 *if Fw" 


EAXARISSSSSVASTSHEYTCTYR SS AEST x 


uſter leaving ſang rhtng_confiderable *S 


A mas raving d e | 
Vows wore — mer e he ſurvive 


eee e of vide "edi | 


—— 5 — — 


2 — — — — 


» 


8 a” HAS n Dee WS EK 


athing..; Fonat.' 3 
ex in 8 


f S TY 4 28 18 $46 * . in 7 by 21) 25 * 5 


Du 12. — Seagate in nent. 
an action 


taken from: bie darker} and Niven to ber i Et 
becauſe of his nh | and r 
22 elucation," offering wif-to; e hit. 
of ber alimenty the Lorde, in regard, we foto 
paſt infancy; jadged that the utter had the, 28 
to keep and educate him, and n 
Nen. n dn N —_ 


1 2 rat 202 0 ab 


nA  Hinband Corot to bl iner SY 


to 11 * + id Ln 4t "© 4 *. 


3 WOMAN. minor, ring, and het bodied 
poof 1 andwman, dectand up a belangugy 
her; — Lords — author 'horie bes 
buſband, Is curator to her, and that the right 
miniſtration, vt Je exigent, * s in bia and: that o 
chance of >, ap marriage ts di olving wit 8 
did not hinder ——— fan; ide he 2 


2 i * "ps 
AAYES T1 TY 
S©LY 7 Ya: Th: Mh. 91! 


4 


' feftaal again Betfeff, the Hiabune 2 __ 
ing, or not-conſentingy, - Sit ig 20042 At, OH] 
1 it gt? $1, Pen 
a or ng gives] by ü 
wi od my claimed: after Ugly 
hubands deteale,, was found tobe d Fri 
eee -of th endend. who , 4 fail 
bound to atimenthigwife, and therefare'” ie, Find 
{ſhe was aſſeilzied, action deitg reſerved” r n 
againſt the hacband's' ve veppeſantatives.- e, 


N * $41.30 
and mal to her in her hutband's 0 

he; wal abſent at county the Lerch refuſed to b. 
her with the payment theredf; ah“ t 'was n, 
That ſhe had a faQory from —— - she 
giviag. her power te uphft rents, | 
tranſat.the ſamm, and noraly ue 
Spotiſ. u, band) 18. 
wile was not found li ors ner ded 


$- + 


of > * LIT? - Y : 4 TEC W 
; ſtabliſhe HAND 
3 0 * » 
iment e 1 2 © a 
Y.i.#: d s ; th ys a | 
- 


+4 i *# 


46 $.+4 


* Y 1 A 
onen .— * 


_ 


pf HIS <4;t 


* 


N 


182 HYVSBAND and WIr E. 


Was in rem verſum of the huſband ; and therefore 
ther was her promiſe to pay this furniſhing bi ind 
upon her, being granted ante  matrimenio.'" I 


with regard to a bond granted by a wife, "while the 


ing a ſalt · pan, of which ſhe was ided to the 
rent after the huſband's deceaſe; theſe pen 
in rem veiiſum of af pas on only, * 
1703, Deans.” 


fy ** | 
to wave ber privile ege, ſhe Mas 9M e 10, relief, 
qually with any other cautioner-.: Phe: Lesds f 
Thar che parſner might forbear to maße uſe of her 
2 2 fey and-infift for A wat 20 -antia 
18. July 1672, Watſon. „ 


5 


& > BOND granted. by a woman "nad her fc cond: fel 


band, to ber firſt huſband's chfidten, 
Wy fe an their legitim, which ſhe was, bohnd 


antecedent o- pay ag executrix to her firſt huſbagd, 


roa, . nd effeftua), tho". granted flank) 


2 Hadd. 13. Jan. 4610, Pad 
role Hadd. 14. March 1623. Douglaſs.—--A wg a 


eit at; having a:proprium paltimonium,. 
4 by b er fa Rü 8 


her own, and children's; aJing 


ee of the huſband: her bond was found eſſe 


againſt her, being for furniture to berſelf and chill a 


Stair, Dirl. 23. Feb. 1672, Nielſon. —— An obligut 


2 by the wife, albeit without her bulband's df 
ent, being for her habulziaments and 9 will 


ſuſtained, ho it bear not ſo per erpreſſum. *Haddl 
Dee, 1609, Zibbis,—— The nullity of 1 boch 1 
ed flante matrimonle, being objed ed; anlegt, 


it bears borrowed money, the true cauſe Was. Ford - 


riage-clothes. The Lords ſuſtained the bond 0 
in rem vetſum, without neceſſity of à diſtinc pro 
for che price of the furniſhing. Stair, Font. $, , 
1677. Sinclair. A wife, baving got ſeparzte 
ment, was found not liable for whar was Furnifhed 
her before the aliment was conſtituted, beeavſe 


(Stonte mairimonio): 6. July 1688, Robin. Te 
band was abroad, for the expences beliowed i in re 


x A ABOND, granted by a wife ae e 
ich her wa . e 4 Sr ' 


"cs 


wich 


4 


uus PA WIFE us 


13 I ie e * 2 
infeft with a ptot yas ound: it is at 
U de r, ee 


lilert L 1 7 
ned as to the obligatic e og ind 
o' it was Ley That the prineipal be- i»: 2 
> null, the accefſbry cannot fubſiſt. charred 
air, Newb. Dirk 1 fe Dec. r665, Gua. 
| Jan. 1666, — oy like; 2 


arc. (Stante muatrimani Dec. 168g, f 
(hal. Fount.- Land Feb. 1686. 
mer ve ll. And in fu. a caſe, an 


| I led upon a pe — obliga - 
was found null, cho the adjudger 

ed, 4, That even allowing the obſi n te be ht 
inal quoad perſonal dilig ence, till it -behoved” tobe 
afidered 2 ſobfitivg obll ation to ſupport the'infeft- 
nt granted in ſecxieity thereof; aid if o then oy 
an additional. ſecurity: upon the land by agjidit 
Dalr. Bruce, 14. Jane 1715. | 
band as heritor, and the wi 4 ferenrer of A tens 
nt, diſponing an agnualretit out thereof, and pji- 
ng them to hay, as well not infeſt at jafeft; the wiſe 
vs found perſonally liable to pay the annualremi of all 
ars ſince her huſband's deceaſes Hadd. 22. Nav 
ty Wauchop. Hadd, 9, June 1512, Kindaird.— 
of borrowed money h A hijfbafd and wife; Son- 
ing an obligation an the wife to pay autualrent 
t of her lands, but no formal obligation to infeft the 
litor in her-Jands, found nol] guιt¼l the wife. Far 
4 woman may ſell or burden hep proper lands with 
t-hoiband's qonſest, it muſt he — — debit” modo, 
ur. 24. March 1626 Greenlaw.: +: Iv RS 
AN deritrix, Vith conſest of her — fi 4A 10 1 


re not e |, the; Seven — om * 
e ante. mmtrimemis sFr if, a: wiſe A br 
n ſel] her heritage, it muſt — 08d gil eenpn whether 
at ſhe can r —— |, Fa 
2 relative, thereto;. Sir 07 bran. - 
i. 1674, Ridpath. 'As an beireſs © 
7 wadlet her lands with her huſband's conſent, - 
ö . 


184. eren ed BOTH 


ge wadſetsſum. ga to the bulband,,{o. 
; . 1 20 e gg 2 
port ot t 8 | by 
Feb. 76 ! „Vor ed yy eG 
ind herſe pen an 
9 14. Nov. 16225 Lockhart. A wike May en 
| 17,gavn. her. paraphernalia for | hes, huſbang's. deb 
Jan. 15443, Cl pon av 
acta c ordinary adminiſtration,: with r 
Property, . her huſband e 2 5 nid 
His. e — he. a red hon 
nate, whether ar gratuit: 
3 married woman, as her own. hand, impled ging her 
rap her nalia. for ſocunity of money — by hi 
. Game. was found. pul}, and rei. vindicatia. fue 
the, wife's repreſentative againſt the 55 er. 1 
ke tt, ed to pay the. -%y I. Ju 
contrary formerly fo — 
— Forb. 13. Fount.. — . 1211, Sac 
4 vorkman bavi an ſalt- pan. 
Prister oth — gs ho e 91 
wife, to — woe the | —— the dun i War promis 
ad Ahart jointure,. 40 put him in 
was. ſatisfied. out. of, the profite;, in a keene & 
charge. on the obligation, affer. the — 
Lords found the ſame null. — wizbaurkg 
uſband's conſent... Fount- Iz. Feb. 1703. Pap. » 
IT was-faund, (which was never flecided | 
Nhat in the: wiſe's. deeds. of aaa 
Mer rere on of her on proper: goods... 1 
all acti of or- under cammunion, the h Ys.coolt 
dinary admi» - i» not: neceſſar y Ter . 
wifiration, Cockburn. IU wa foun 
aui regard. even in the ſtate of. ſeparation. 
by. her aun. huſband, has na power abies te 


property, ... ; ..or-to.contratt debt; but o 
ewiibput the neceſſary deeds, which zend 40 
—_—_— -\ /NiGnation. of, -hor-ſeparate, ee 
conſents .. ſetting tacks: to; ber tonAptas cHin . 
FEY its 403 . diſpokngof . her vid ual, hui 
clothes, Ge. Fonnt. za, July. 18e. 1 
dene hs: o & wem, lows pe 


under 


— 


f U BH AN 100 W PE. 
under the fur urin after her n br 1. aff Y 
le by her huſfband'v cresmore: But it belag 6 | 
ried, whether it felbunder the huſbatid or wife's n- 
piniſtration, The Lords in reſpek df the hüſb antes 
prodigality, found, That eh ever df them öffered 
he dell caution; to apply it tb 5 true uſe, the m 
ance-of the family, inedingWhe*huſdarid; ought td 
xe preferred in tlie ration und power of ugtife- 
ay, 3 miſapplicarian; Feed 275 Je 59 
Dick £7383) $015 3 G2. 463 © "A CAL SO HRS CU Ff7 
A LADY; fene matvinoitio, bring lte is fome ar 
er husband w lands, and havin at grant. 
vg thereof, bound herfelf,” That, When May Nr : 
ter ſon came to perfect age, ſhe would berfelf , 
trick the ſaid i to an allment; out ber re 
dis infefti n to her. not in Band's cn 
enuner atio ow but as 4 kind of . A, uti Ag 
ratuity, 7 'of the fait tur de fucrs: 
wigatioc; ſhe was 8g liowed thefea f 
er — alledge ber being clothed with a husband at 
ranting,! altho” he did got ſubſeribe N her. Maitl. - 
. Feb, 1370, Edmonton, ! 
AN heritable bosd, granted by's hoeboud- and-wife, 
pon her property lande, found null | 
ad the wife, becauſe it did not bears Hara 
e husband's expreſs copfent authorifing” - conſent,” Sow 
er therein;*:- Spot. F Hurband DW. Men 
þ ** 1626 Mmrhew——A wife He. ve 85 
g given a renuneiatibn of à ti 
2 busband's abſente, in favor weer e tw ; 
und nal fab init is notwithſtanding the . 
0 his re turn ratiſed the: kanne zuthis beings 
bfficient to valtdate · right io ure no: and 
— found, That 4-new renundiation/ wir che hoſe” 
's conſem, w, nνHeC y. Mair, Spot, (,t) 
2. en. 1566, Dunbar Tie  contrary- after ward 
und pany 1699, Lady Cochrau. Here 
vie aſſigting 4a bond; withous her husband's con- 
rence,” dux asg tu which bond he aud reneuuced % 
! mariti; the he nd pbſteylor ratification of the- 
Gonation was found ſufficient to validate rhe ſavere;s'2 
"IN a redu@iony ata. — of n 3 
3 


1E 


E 


3 


* 


— 


menden bis lady 


Vere net bound te furniſh, Dui Aras 9 ꝗ — 
21. June 1634, Traieſmen The wife: 


* — uh prajefite negotits domeſiitis 5. — 


ndr u nat: 0 band, being furious — 


iI pſe jure null, yea, or-: hot And ĩt was argued ſos oh 


Kamil 3 


not obliged 1 
. money ſufficiont to-proyide hiv-honſe; ſcting den 


„ i n ad'WOF n 


7d ent ic Uifpoliton,:grinted by-thorſelf, w wi ot 
17 Bal. , Vl reſerved lier. oh and het l t 
Aut be. Vifenems ;-vhe-Lords found;/Fb 


ral':or, 1 ＋— ol 
% hog A death; he of his conſem 
Ye ov pode rr bye bo 

1 'S4, Jene 1929, Bold. A wife, after yrs 
e having granted her. Mi T Ni 
tion, without his ooneurrence, for a debt Ab i 
vie queſtion. occurred, Whether. this. obligation vs 


creditor, Fhat this nultity, being introduced: by 
municipal law, could any be in force; ſo long a the 
vil umd municipal winden eee 
liked, which were now. entirely diſſolyed by the: fi 
tare; The. Lords found — ME: of being vai | 
nat relevant, in regard the -huſband war attainged f har 
the time l Nen the. eee June 


Ball. ;\ FL 5 « ; a) Hos s K-14 4 + * A A 14. 124324; 43 . 
* * * > : % $0 1 FAY S TY "EP a 
A married Woman's'Deods;' in what Cafe 
nf againſt her Fusdand. eee «thy 


$, 


Is i bt Fr n 22 
THE bedr to e d 
eint . —— 
Wile prefuans- Yerhay's wie, children, &c.-duriog 
ed 10 hv. prer abſence from-the- country, the) wth 
— rn ſpecial. warrand, -eltho! t 
mee not only to ppove bt, bett 
- 2 weral. yeats furniſbiug to Hienſelf 
the abſente gj; an th 
ture, he had ſettled 'niyearly 18 
the uſes foreſaid, which, th 
intimated ta the furniſhers, was not regarded as! 


beowpſe; at bie 


houſe, be may zshe from . 
lock furniſhing us is; neceſſary, and the 2 
to:edquirs} | whechd&y the bhaſbacrich b 


. i n dow Er, kf. 2 


ind, if the Countes, went to. Losdon withevt Nag 
pbation, or a jJuik.ceatons That the Karl was obliged, 
r no more: than would have been her enpences had the; - 
id at home; and that, wbethet ſhe» was inhidiced/ 
not. Stair, Goef, Der 7 A huf-. 
and, aſter diſſolution of the marriage, was faund ths 
le for aceompts taken off. by! the during the mar- 
ge, tho! without bis order, and the ſhe was compo- | 
ntly. ſurniſhed iu Hare. eee denen ere 
Nos. 1682, Alſto ans. Tuo 50/1 DLAI RIES Ts 
A WIFE is preſumed to be propefid bogen abr 
* but this preſumption was not. = | 
tended" to a lady tencer, granting diſ-  Hawifanths 
— her tor de-duties, Which, it va præpoſitura 
und, ſhe —— — cenſenr {papa to: 


- 
” * 


58), Pittarrow,—nor to a wife uplifting 5 
> her husband by bond, 4s to which 4 ch mmi 
it was found neeeſſar y. Stair, . June 1680, — 
an.—— An being bound to an apotbeeasy, 
* by is father, but by ie mother, u ho. alſo paid 
of the apprentice-feo . :in 2 uit againſt : che ſa- 
r for the temainder, che ap after two years 
vice, having deſertediʒ it was ſbudd that the pr 
= ws could not be: extended: to ſuck de eds, and that 
T the unnd nos ſilence were rele- 
ant deo iner r conſent / os p- as to this matten; 
2 man is oſtan forced to be paſſeg with regard. 
| the cauzgoment of um iperiou wiſe, while hes far 
rom approving: af ber enndust, The huſband was 
1 —— {Founta aN 1698; Arnot. 
wife who, im her huſband's abſence, dehvercd 3 hi 
ditor, certaim good belonging: to-her- huſband, in 
ntisfactien of the debt, having get up the infiruRions, 
dd adfchar and the huſband having, _— 
, retained the. write, without ever ſeckin 


back. 


[4 4 y 1 
7 1 * -= 
receiver, — 
er's dilly = 


his obligation, 
found in tuto to repay the fern n the wife, und ce 
his obligation, tho' he was acquainted by the hwbiif 
that the money was his. Dur. 16. Mareh -6 
 Mikdarhs i n tt en te enen eee 
 -*PHE huſband wilt be holden to pay for theoprite'd 
wie bought by his wife, and cd ig 
Where'the open tavern; tho' it be not condefcendet 
wiſe carries on to have been bought by bin, 0 
on traffic un - his command. Hadd.- GY jo f 
der the buſe'* Muirhead. — Otherwiſe; where the 
band's e lives a ' ſcandalous life apart from bs 
: 4411454) Ibafband;, Hadd: 18. Jan 76104. 
Found, That if a woman keep a ſhop; und traſſe a 
_ a merchant, with the knowledge of her huſbund, es. 
liable for debts eontracted by her on che account of b 
ny. adtibne inflitorta.'\::Divl;-Gosf; 19% Deri ai 
ion r õD % d RD 1 OMG 
«A: HUSBAND: was found not obliged/to pay even 
fir ſmallineceſſaries to his family, whe . 
Inhibition: he inſtnuſted, that he gave te his wifes 8" 
tali off ibe ſufficient: competency: for defrayſug ſud Ws 
preſumption. charges and: that ſhe was alſs in hibired e 
of prepoſi-- before the ſurniſſiing. Nicol ſem Mir 
tur. tion)26:; July 2630 Kincaid:aufahibicie 
being ſerreti-aguinit'a/wie, . and! ſhy-by, 
ing provided in a livelihood by her huſbandi the Bord 
found him not: bound to pay any farniſhing- aid 
abulziaments for her, caltho? the- merchant: was 1 
rant of the inhibition. Gef. 23. June 16757, Huch 
leck. A brewer, ſuiĩuag a. party fon ate} hie 
had ſurniſhod to his:decealed wife,” and which ſhe 1 
tapped under his on view; the he had inhibited bg 
but the inhibition not being intimated to the brewef 
the Lords found, That the regiſtered inbihition needel 
na further intimation ta any party; but founii it tele 
vant, feripto vel j aramento, that he. allowed * 


* 
— 
LY 

—— 


drink from any;peripn that. would furoilh. her, and 
5 4 bl We Aid 2 aber the the inþibitis 
a now: inrruęt; 
Kick Ban red..th e din bim Baßle in the price 
he befor The author ſays, _ That. ſome 


NC 90 


1 e 


After Pdctäwai of Bauns, the Woman Len 
ſidered to bein — ann 
married; | 3% 4 0 nn 2 Path if 


27 — 8s verum Fount. Fs F 
D275; £Y$2- 8 r 9 24; TY "ihe & 1 


Tel a Rs deed AM ND. I 
| ot barred from 


| — of. — was. 8 
din PRI. of .the huſband, Hama, Man FR 
A GRATU avs bend, made. ban Conan after 


as. hi 
Sw i243 % 


> was contradted,: and the bannt pro-: 
imad in the: pariſh. church 3 What: ron 


4 


S TIEF 


bond was given dig —— Pot gn aims? 
ip her name-to/ be proclaimed in the ae 5 
ik where ſhe bad dwelt 2-year before, Hadd. Dos, 
L July 1624, MiDounl—+—In 2-procefs of reduction, 
Ut the igſtance ai the Ruſbaadꝭ and. wife, of a 
8 diſpeſtion; ed by. the wiſe, the Lords 
1 the reaſon of reduGjon, That the — was 
granted after the parties were. twice” proclaimed in the 
mech of Leith, the pari church where the-buſband 

dwelt, tho the Wife ad 
pate, ihe receivers of the diſpoſition having, dr recent, 
been communert ja the -df marriage between the 
pxrties ; and ſound id not relevant ftolslide the ſame, 
” the wiſe, a grontingathe OE rele 


WOE © | 3,46"; * n“ 


Hu AN D 2d AW & FE, 150 


uſband onght ght to be liable,, if he was Aus . 


AFT ER. po hon the e FEA 


. 


-demicilerin.the Canba- 


HUSBAND, and. x l. | L. 


er buſpand, Aae bie fraud, „ in de- 
lining to concur, was manife . Wow oly. 7 
May 1581 r, Eaflothie. — An 281. 3 Pre 
was .not'ſi a Ke n ri 
iſe, tho” the fommons was Taiſed. in 


iage, upon minorĩty 
nd as}; the huſband being still alive; and it being 


Lords allowed her ocurator to concur at 
bocels, and to authorif her therein, Foont. 28. 0 
y 1708, Byres. 

A WIFE being ejetted, during her biſband's abſence 
om the country, and when it was ſuppoſed he was 


f adviſing the probation, it was offered i to de erg 
. vas AVN il. 16 Nov, 1667, Chalmers, &c 
A HORNING, at. the inſtanee of a wife, for r 
Jue to berſelf, Was found nüll, becauſe ts ANTS 
aiſed, charged, and denounced upon, Ife c 
vithout her: uſband's eonſent, or con- prof ſecute ** 
urrence, altho“ the "huſband was” yet. at iligence 
ofitent to allow the fame; betauſe, i 1 eh, cone 
being null ab ini, "twas * thought that | cour/e of ber 
could not be helped by his poſterior "burband = 
onſent, eſpecially the wife being . 
dead. Spoil.” 6 i band ) "Dar; 2 July 1 31, Na- 
pier —— This nüllity being prop ed againſt an ar- 
rellment, That it being 0 7 * ind ance of a Wes 
man, opal a bond due to ther the letters, 
or execution, made any er now huſband, 


TE or | 


jetted, That ſhe could not infilt without his N | 


lead; the Lords ſuſtained rhe fuit, tho', at the time. 


for his intereſt, tho the fon s of for coming ran in 
both their names; - "the 1 { that a wiſe 
hight be confidered as 4 indi) f 7, 2 ian con- 


ditionem 


„ ann god rar 


| 9 1 a re eat tutoris 1 5 55 be 
the 28, an 'not 8 1p  Integ 7 int. 
by "wkthoyr her bu 5 wh 


band, bo predates in is q 
ought.nþt to de de ee ra is pr i An | 
8 oreTgpelled the nolſity. ang fol Rs the ard; 7 
ment. * Fount. 2 . = 170. Hepb A 14 WA 
„IF was found, Re bein 
pf t in lands by 2, ＋ 
N compear . in e a 
a removing, 2 
preceſi; with rande ao eh his - 5 


out:conceer fe he, alle 
aan. ere 1 gs l inh 
* e oa $4 1 Hy O10 

4 A WIFE, ac? th ho 
155 1642, t Once fh Lords e 
See ; Maha be , OY 2 

WET A 


wg m6 proc . 636, Mace, Wi wi 
. 0 bo i 
. aer ren in an a e 


ang, ra are authayi 

Dave a, ourf- UM 1 Es: craters. WED 0 ph 

dor pd yes, 27 5 a., d Way, al 4 
Ares tuc 


AN 


wrong'd,  Gogf,g. June ay un 
=_ woman 2 5 5 b mY 
ber bu c e 1 on 
her batte Fab me hefti ay! 
craving. Thas REC, MY duet 
2 grid pi os | rege ſiol 
445 e Auer n 
Faye per 8 aped to in, + 
8 T4 age 


re being to ankyer, 
he 55 t ng as 


> Forma ; TOTS ] 75 


1c could 


he petition iche Orainury 


1 her allegation, but u cauſe” 


. 


INHIBITION: was 
and's obligation to 1 
vre, altho* they lived to 
ont any ſeparation. Dur, 1 


eft her in a join- 
ther with 


allowed a wife letters of horning and 


jointure, becauſe he was turned hypo- 
hondriac; and was dilapidating 'all; 
and this, ed naming a curator to 
her. Fount. 15. Jute 1678. K wife 


ESE ESL £©ad Ek 


a wife, duririg the cotverture; after her 


* 
> 


n this ground, That, 2 the mar- 
ge, ſhe was nen vatent i 
he was ready to purge. 
„That wives, as to their beritable 
te, que nom tramſeum in ju mariti, 
ave no beiin er burt are convenable 
and decernabl others. The Lords 


a. 


11509, 66 fl hieg Et. 
IT is ches 
de wife beit 

Vor. II.. 


R. „ „ 4 


H U'S'B AN . d WIT . 
on the diffs fo Amine 
into the huſband's'etfcomftances, and what hit credi« 
tors were doing, that ſo they might proceed, not up- 
cognitione,' and yet 
ſummarily, that ſhe might not be prevented by anteri- 


r diligences. *Fount. 18. Nov. 1704, Roſs ſupplicant, 
anted to à wife, upon her maſs 


July 1638, 
jenbervie.— The Lords, upon a bill, 


inhibition againſt her huſband, for her land 


huſband's dend ſhe ralſed red ction up- 


; and now | 
was anſwer». 


potty ti foe! for the tocher; aid 
feb” poteflate” vir,” caunot init forſthe 


May Profen. 
cute legal di 


ligence - 
painſs ler 


954 


autboriſed by 


a dev 


72 


may proceed in diligence againſt her huſband, ar pay 
ment of a ſeparate 21 t, without being authoriſed 
by a curator. Fount. 7. Nov, 1695, Argyle. 

A DECE RAT OR bf irritancy having you againk 


i} hdd 


cas be cut out 


of hier initereff 
Dy lope of 
phe interns, 


. the cue. 


ture F 


fuſed to fuſtain the reduction. | Staif, 16, Nov: 305 
ayſor. Ob j jected againſt 4 reid, dofifking in a ro- 
tion of her contra of marriagt, upon minority and 
lon, That The: Mad not revoked; and raifed reduQi> 
dn, intra an unn The Lords repelled the obj 
dn, the havii fich ; after diſfolution of the mar- 
| and reduſctiou. Forb. 25. July 
Dal. "Brace, 1 4% Dee. 1714, * 


299 


without being i 


2 


3 


vent, the: huſband havipg lived ſeven years after th 


94 HUSBAND add" WIFE 


Husband (awe; and therefore, a wiſe being ib 
Piney OY for ber tiſerent;' im virtue of u cont 
li ganoe fur of matriage, but upon this expyeſs/coy 
e de dition, That ſhe ſnould have no ben 
wife*ſtocher. of her infeftment, until the tober 
paid; it was found, That neither thy 
huſband, nor his ſidgular ſueceſſor, cbuld olftrude thi 
Proviſion, which failed thro' his own fault, unleſs i 
could be inſtructed, That the huſband did diligenct, 
That the debtor of the tocker was known to be infch 


woe © & 


maria Stairy! 214 Nov. 1671, Menzies. bar 

AH SAND being bound, in a contract n | 
age, to add ſo much money to the tocher, and to en 
ploy all, &c. tlie Lords found him bound to:employ ar 


altho' the tocher was never paid him, and fomd u por 


heir debtor for the ſame, aud for the annualrents then 


of, from bis father's deceaſe. Hope, f Harband) v8 * 


We - WHERE the! wife her 


her tocher, and ſo much more of his own, for ber li 


June 1625, Burd ——A huſband, in a contract bf u 
ria being bound to employ the tocher '(which wi or 
| wins aid, not by his ſpouſe, but by a third party a 
— . and his heirs; being charged, by the tel 
for that effect; their defence, That the tochor Wars 
ver received, was repelled z only, execution was ſup Mf 
ſeded till next term, that, in the interim, diligent Bp 0 
might bò uſed for recovering it. Dur. 18. Jan. 16 | 
— A wife, ſuiog her father · in - law. to emp rt 


rent-ufe, conform io the contract, anſwered, He 
not bound, by che contract, to employ, tili the woch 
was paid up. : Ihe action was ſuſtained; ſor the des n. 
der's part, tho! the tocher was not paid becauſt ee 
wife-was not bound for the tocher, but her father, en, 
which the deſender ought toi have done diligence my” 2 


dobite tempore. Stair, 22. Feb. 1665, Campbell nor 


A woman, ſuing for her liferent, alledged/ Thexods Was 
carinot be employed; becauſe. it was never paid. 1 orn 
Bords repelled; this, ſince the huſband nud not. don onde 
diligence to recover it, and the wife eoulc net „ bel 
Jab: poteſiate vini. Founti 250 22 uly 1678, Sie wärt, 


ds dhe of «perl 


l a 149475 1 , bon 


HUSBAN DDend WIT E. 155 


ound, to pay the tocher, ſhe was found Þ :; 
o have no action for: her jainture ua · Unleſs where 

ſhe performed her part, for ſueh is dae by the 
law of mutual ame. e ne 
Feb. £750, Ahe n As 


5 The Wife's perſonal. Privileges... 


IT was found, That a horning· executed agaialt « 
wife, upon a decree recovered againſt 
her, principaliter, and againſt ber buſ., 4 — 
band, for his intereſt, was null; becauſe, liable taprrſo- 
ante matrimonio, execution could: not / nal diligence. 
follow againſt her, but agaiaſt her huſ- 
band only. Hope, C Hurband). ir; July ow. hw . 
burgh, ene. wife's debts; | juſt and lawful, can 
have no execution againſt her. pts wy while ſhe is * 
a uiro. Fount. 1 Jan., 194. Gordon. un 
A HORN ING, exo againſt a married 1 
or not findiog cant ion ĩ‚ma a burrowe, as ſuſtained, 
tho the 1 was not, charged cho it ra 
pledged for ben, That ſue could not find caution, fan- 
je matrimonio, as nat being able to gie ſuſſicient bond 
f relief, without her / huſband : qud this, becauſe the 
boraing proceeded, upon fhexidiſobedience; and there- 
re, her liferent D decerned to fall by that 
horning, at. che inſtance ab her. graydſon the ſuperiar. 
Hope, (Hust hand) :H add 23. Jahhn dörg. Roxburgh.— 
huſband- 44 f his wife being both denounced, upon a 
cree of ej ection eas vered againſt them, for unwar- 
8 — ejecting the! purſuem out of ts ſaid wife s con- 
unc. ſee · lands ; a gift af-both cheir eſcheats being ta · 
ken, before obtaining dwbereof thei huſband was: dead; 
n a declarator againũi the ralict. the, Lords found the 
torning null.) ag beingtbsgented againſt her, while ſhe 
was clothed with. an chuſband, in whoſe lifetime no 
arning could be executed, in{,ber; ſhe being :then 
nder the powen, vf herih —— djiwbo-ought to have 
. her, and as having no perſon to ſuſpend, re- 
"ar, Cc. bat a hen nufbaüduſbauld pleaſe 10 dosfer 
er; and this, althe {was given againſt her b 
raprium: delictum; which nullity was received n 
+ - 9 Z IV. 


ISI 


— 


2 


2 


1475+ 


— 


Arn 


2 
— 


FI 


Is HUSBAND and 41+. - 
, 5 wil ut neteſnt t reduce Bac Rete the oh 
decree compeared not, but only” 
Die Spot. (Hering) 16. Peb. 183 Hart. 
being incarcerated, upon 2 de 8 67 dic 
Ade ; the Lords, upon his appffeatiop, ſet Rich à 
Berty, becauſe he had been deterned1 ty pri tec 
His wife having the writs, with whon heh 
deavours to give them up: but they erdeined a ge 
on to paſs againſt her, as in tlre Be of 'a wife con 
mitting a delict. Fount. 16. Nov. 1658, Sibbald 
The Lords ordained caption to proceed againſt a 
ſeeing the horning was not upon a debt. Fer upor! bi 
| delinquency and diforder, threatening to durh à m 
Houſe. Stair, 8. Jan. 1679,” in Glaſgow, ſup 
——A decree being recovered againſt a married v. 
man, before the Commiſſaries, for a verbat injufy, eus 
demning her in a certain ſum, partly to the private pity 
ſuer, and partly to the protcurator- fiſeal; the Lords, in 
A eric That n6 execution could gouga Auſe h 
2908 during the marriage. 5. Dec. / 
action of ſpulzie was Ide competent to a u 
| band a n kis wife, But yr” 
Nabe Wer rum only; yet it was fpund; Tt H 
eu, ſhould afgn the goods intromitted wi 
dy her, the aſſignèe might Have actions 
-wrongous atromifBon, ip forum ot pars althe' it 
| objected, at nemo poteſ por Jurte, 2 tory || 
hs, Ne 5 er. Sei oP Brown.” * 


211 364 ob 4 las ds oh 

I : {t „ 8 ol 
Deeds, detyw en Hig" ana” Wite, dor | 
Marriage. — 4. „ 66408 


| A RELICT, poſſeby A ham ſet by the moſler b 
l ber huſband, und to her after bit 
Park dbnati- ceaſe; the Lords, i in a removing agi 
en, in bat Her, at the inſtanee of the muſlel, to 

caſes #rrevo” het title good, norwithſinnaibg/ it vn 
ebe. ion pert by arid g with 
; ++ this being. de fats, revoked by che bib 
f bands accepting'a pbſterior ack; herein ne menlie 
vas made of the S wif; and they found the — 


Voeable, nor che wife prejudged dy the belebt 


H. US ANN ad-WIFE 1297 
zor did they regard, that the huband was e 
2 — 


— 


r 


med acquirer of the tack, beeauſe it was a dee nme 
diately flowing from the ſetter to her hulband'ayd her, 
and by inſerting her name, us liferenter, aſter Her huſ- 
band's deceaſe, the huſband was not thereby gzade pay» | 
rin; and as Ian permits wal donations, of vitew x 
Nentationen wxeris, therefore, that it was pot revo- 
able. Dur. prault. Jan. 1639, C lber. See Dur, 
. March 1629, - Borthwick ——Qrnamenta morgane- 
ica gifted during the marriage, are not Tevocable by 
Hhaſbands. They have the privilege. of paraphernalia, 
1nd are not affeQable by the' huſband's debts. - Hare. 
(Contrats. e marriage) March 1684, Craig. See 
the ſection abont᷑ py rnalia. A wife's conſent io 
contract of wadſet of her liferent lands, with a back 


eck to the huſband, his heirs, and aſſignees, was found 
e valid as to. the creditor, but revocable as to the huſ- 
band; ſo a3 ſhe might have the mails and duties that 
Me TV over, the wadſetrer's: annualrent. Stair, Gosf. 86. 
une 1673, Arnold. An beirefs, in her contract of. 
W =arriage) having reſigned ber lande in favor of her 
i Wu b:nd and herfelf in conjunt-fee, and tqthe children 
of the marriage in ſee; which: failing, the one half g 
err heirs, the other half co his beirs ; and, during the - 
| wriage, they both havipg reſigned in favor of them-- 


S 
A. 


elves in. eonjunct fee, and do the ſon of the marriage, - 
which failing, to the husband's Heirs and all gnees . 
his deed, which eſtabliſhed the abſolute l | 
the husband, now that the heirs of the marriage had 
ated, was found a gpnation;# 

revocable by the wife. 5 ta 
eb. 1686, Stewart. 8 Hh 


w 


"1+, 4d + 


. 


1 


um et ure, and 
te matrimonis) 85 
5 q 4% 


* 


. and himſclfto bis In deeds be- - 
iſe, 10 pay her firſt husband's debts; dug hes bend 
0 this was done to oblige his wife, and wife, 
and a kind of donation to hen; yet a where! Mrs. 
this obligation was in favor, &f third arg chu, #h 


* 


artics, and a gu thereby guafitumtery ſdvo! HN 
there was found no place qr. revo parties, 168 
ation here, more than if the obligati-, not. reverab/es., 


on bad been granted directly to the "h6nener. gra- 


, 
„* 


third party, vithaon, ee en, afl, dien. 


232 t — 


HUSE AND WaR. 


Fife. „ doll - Spot. (Hush) — H 

A. donation dyi a wife, directly in favor 40 
12 children, ee contra is not revaeabley by 
cauſe tho' donations between a> husband aud wiſe; 

. rovotable;\ yet no aw makes 3 donation; revcanble, f 
ad b a married: perſon io a third pars. 

19. Feb. 1663, Muir»: Stair, ug Jan. 1669, 1 
A dond taken by a man te himmel nien 
liferent, and her heirs in fee, ſound revacable | 
the wife'@heirs, as well as:berſelf; for a > donation þ 
ven in this ſhape,. is not underſtood to en as in i 
vor of a third. party, but of the wife herſel Dur. 1 
March 1633. Glaſsfard.——A donation, by a wile lv: 
Her husband's eldeſt ſon, tho". eden porfona cum a — 
was not folbnd-reyocable de a denatis intra virus 
ux9rem\- Föunt. 1 and go Feb, 1686, r re 
A man having diſponed his movenbles to a third part 
reſerving His Pferent, with a power ang faculty to 
wiſe to alte, Ec, this difpolition, tho nominally i 
Favor of the third party yet truly in favor of his vi, 
was found revocable: by him, even aftbr the vii 
death: bein gno better thun a cover C ſtous fattely 

And here the wife's faculty 10 alter was. a vinu 
: The, and the caſe the ſame, ' a6. f the diſpoſition hal me 
been dire&ly'in favor of the wife, with & ſubſlitutis 
to the chird party, in which the fee, eſtabliſhed: in i; 
8 being ever ſubject to revocation; there could 
de pretence of a 5 rectus tertio het. Jes death uxc 
1. Feb. 1738, Sanders. FIR | 
Ea A.POSTNUPTIAL contract af marriage is nr Pre 
ducible, as donntio inter virum & be 
Phſinaptial Stair, 22. Nov, 1664, M*Gill, Try 
cantradt not. like, tho! the contract was ſo.far-unequi, 
ala. that it was found redvcible by the wik 
apo minority and leſion: Ford. ag, 
ly. 4720 Chalmers. A mutunl gerieral; diſpoſe 
between,a wiferand; her huſband. ducidg ! che 'marriagh 
ng contract. having preceded, id no donatis inter d an 
&: nge even paces march. Bruct 1 M8. 4%. Jo 
1416, ling. fo Ge ut 00. bein e 260 


e having — 1 jo his 4% >: 


2.3 2.8 2. 20 * 


— 


v 7; 


HUS BAN D asd WAFE 4905 


ters contract af marriage, to make her %, 24 245 
qual w ich the reſt of the children at — To ae 
his deceaſe, and having, in prejudice of 13 Ae; | 
at obligation, diſponed hia whole mover - Mes 
ables to his ſon, a reduction was raiſed; of the:diſpoſui- 
on by the daughter's huſband, and, without diſcuibeg 
the proceſs, a ſettlament was made, by ,which'ithe,{on * 
gave up his diſpoſition, and the huſband' infeft his wiſe 
2 an additional fointare« This not being a donation, 
but part of a. bargain, was found not revocable,.tho' 
the buſband contended, That be got nothing b ab- 
taining the diſpoſition io be thrown«yp, but hat be 
was entitled to by law. Dur. 29, June 1630, Cochran. 
A contract, tho! made between huſband-and wife, | 
ante matrimonio, whereby he: reponed her to all he | 
got by her, and ſhe renounced: all-ſbe could claim. by his 
death, was, ſuſtained. Dur. 14. March, 263 43: Gib. 
—— Thelike; Hadd. 21. Feb. 1606, Stewart. Tho 
a mutual contract, executed between a huſband and wife, 
is rot revocable, yet, if it be. very unequal, and the 
exceſs conſiderable, it will be: preſumed to have been 
intended as a cover for, a. donatian, and thesefere re- 
vocable. * Stair, 20. Nov. 1662, Children of Woal 
met. A bargain made between huſband and wiſe, during 
the marriage, whereby their contract of marriage was 
paſt from, and the longeſt liver to bruik all, was found 
onerous and not revocable, as danatio inter virum G 


vrorem, 1 3. July 1723. Shearer. 
LA LIFERENT. proviſion to a wife, -not--othetwiſe 
provided, granted, fante matrimonie, not 
revocable, provided it be ſuitable tothe Liferent pro- 4# 
circumſtances of the parties. Gilm. „ ts. 6 = 
Jan, 1662, Reli of Dalglicſh, - Fount. ...awi/e; ſtante | 
1. Dec. 1689, Carmichael; but revocable matrimonio, - 
quoad excefſum..,.\Stair, 29. June 1672. if revocable? 
Short. Bruce, 18. Feb. 1715. Lindores.d | i; 

n Det 80 being * without .2::60ntract, 
and, during the marriage, having yt an 
eyed to her huſband the. ns cnn | — — 
ſion ſhe had by a former huſband, this 4 more "7H 
vas found a donation revocable,: ſeeing at e. i 
the. huſband got of her means aliund ec, 


— ECC — COONS — 
* 


| 
| 
| 
| 
| 
| 
| 
i 
N 


rr 


Jure 


26 HUSBAND aw WIFE 


_ maoniondm.d jars mans Whas yas gn fi 
place of o- + able e ee 98h. 4693. 
aber, 27 en. -A diſgeßtiqp, b Wife cp 5 
eagetts . nuſband, h heritable: bond duxing 
marrisge, fohndrexonable, hy etz ad 
Aeon dhe ihere eee 
- any-other tocher with herz forg the': a - PF 
ſion granted to u wiſe; not otherwiſe provided, in A wal 
rational deed, and not ;revoeable, it will not+hold ; 
contrar io, decauſe the husband is paturally bound th 
Provide for his wife, and not the wife for her; kus baut 
and effo it ſhould held - contrarlo, yet it could not i 
ſubſumed · in this caſe, chat the husband was not otheh 
ways provided for. Stair, 15. Dee. 1676, Inglis.” 
ALIFERENT infeftment, granted to a wiſe, oak 
| _ matrimonio, 8 not revoeable, * by 
Remunerate- ing à remuneratory donation, the vi 
ry-lonation. | having brought a configerable'. 'tochy 
| with her, and there being no ertrag 4 
marriage. ' Dor, 25. March, Spot. (Hubgnd) 23. Juh 
1645; Lawrifion—A husband getting addon 
means, falling to him by his wife, may grant © remb 
neratory right, which he cannot revoke, Gim. 1þ 
Feb. 166g, Orxenford;—— The like + 1 3. July. 15 
Creditors of Brovrnlie. A ſecond proviſion by-a 
band to his wife, was reduced, the wife not bein 
able to rondeſcend upon any remuneratory proviſin; 
for tho' whatever falls to the wife, as moveable, won 
have belonged to the huſband iure mariti, yet, if it bu 
been of any value, the Lords would have:;ſyſtained th 
proviſion as remmeratory; in gratitude 80 the v 
Stair, 23. Nov. 1664. Halyburton.—— A tack graumi 
by = husband to his- wife during the marriage, 1 
bearing Vor love and favor, was yet fuſtained as a rem 
ratory donation; the wife condeſceuding, Tbut it can. 
in place of ſome preſtations io: the contract of: martiaꝶ 
which kev husband proved unable to implement; 200 
ſo, as not re voeable, was found good n 
or onerous erediton appr iſng the: lands ſet i, 
Stair, 26. Jan. a6696 @biſholm.+——A lady, for uli 
off the objection, that her ndditional jointure wa 14 
natio inter virum & uxorem, having alledged” hay” 
\ 44486 va 


HUB BYA ND Gaid 1WHIEFLEG: "SOL 
ras remuneratory;* And fbr proving this, baving-evia+ 
ed that her hbdbb4rid was debror to het lifter in a ſum; 
ind that he got up His bone after her death; the Lords 
hund this not ſufficient 16 prove-the: Additional; 
emunerktbry, unleſt be lady liferemme would prove, 
bat the right bf the husband's bond: wis eftab in 
er own perſon,' and affigned and made ver by her to 
ker husband. Fount. 167, Feb. 1689, rang pcs 1601. 
A DONATION, made after the con- 

ract, but before m us found e 
ot revocable, not being dovatio inter vi- ter procia - 


Home. Hare. (Sante ura. 20 banns. | 
Feb. 1688, Gordonʒ- © n 
A WIFE having jutllotulty-earified 4 diſpolaiva to 
er husband, and ſworn never fo tum 
n the contraty, was not found te ent Revocation 
zer off from revocation. Stairy 15. Feb. bows barred. 
1678, Gordon, A wife; in ber con- 

act of marriage, being provided to a liferent, and a pro- 
hibitory clauſe adjected, That it ſhould not be in her 
power to renounce the fame, without the conſent of u 
dird party named, and he, notwithſtanding, having 
renounced 4 part of her jointure, in favor her h 
band and his heirs, -which ſhe ratiſed upon oath; but 
revoking the ſatne after her busband's deceaſe, both as 
onatio inter virum & wxorem, and as à deed unlawful 
to be taken by the husband, after: the above-clauſe in 
heir contract of marriage: the” Lords, notwithſtands 
ip, would not-repone” the woman, but ſuſtained the 
renuntiation #b#eligfonem ſaramenth, Fount. 4. Dec. 
1685, Richardſon, Marriage  difſolved upon 
account of 'adultery; this found to bar the adulterons 
perſon from revoking/®" Colv. 16. June 1575s Murray. 
DONATIO nttrovirum & moren is 
* conſirinedꝭ by the deteaſe of either Power. ＋ 

he married parties moon 210 Liv nach revocation, 

wh Eſſilmonth. Cob.  evhew it cea+ 
Maxwell. A donation b 1 — / Js: a 
do his wife, found validly he reve abe :5j! 53% 15% 
after the wife's decent ext, Dar, 22. March 654, ch 


ord. x 248 2 44 £04 3s) 3d id 3 We 


kETERTSES ST ERLPELEAEC r a3 S 


wm & uxorem.” © Stair, ria Jan. 2680, mation of : 


— — — — a 


E D f ez 


„eech and eee fi con- 
des chereuß mer! wth it. Ford! 12. Feb. 1713, 
{ Un 5d ao: BUDS14904 | TW 


pobe$c" 

| PROCESS ſuſtained, at wife's inflance, agalaſt her 
band, upon 4 4 fete t ay her 4 

arly ſom of money For hey ſi 109; * Conte | 
regard de bad makrantd hb andi '/ Parativs © 

from berg and cab fed wich un- As 55 

der woman. Dort“ r. Debs 1628, f cauſe. 

o is—— Tho" a ſeparation bn gra en 
ever revocable a contrat᷑tꝭ of ſeparation; founded * 
articles of _— ſuffeient for a legal ſepa- 
tion, is not revocabley and e, the ſeparate ali- 
zent was ſuſtained, Mo above a realonabie aliment, 
ich as W defermined: 295 Nov. 173 4, 


ome. N 


LEKI 


} : 
#4 bar 3 art. den N 


wrisge ame, within the Tear al Things 
are reſtored bing in „ 


MARRIAGE being tiflotved' within v af" 85 
ar and day; all things are reſtored Hint Hell 4, 
4, and that equally, ether the boſ- % 0's gh 
and or wife was married before, yea or or" Herund. 
ot, Dur. 23, July 1634; Mazwell. eee, 
THE huſband dying . year and Rights be- 
ay, his relict is not Selce to a terce. tween. huſ- 
add, Jan. 1600, Maxwell. band & wife. | 
A'TACK, beiog ſet tou man, and his 
ture ſpouſe, in contemplation. of the Rights f win 
darriage, and the man dying before con- rom” A” 
mation, the Lords eule; * the pat ies in 77 
man could pretend ng right t to, template of 
3 the was in poſſeſſion; e 6f' 2 . 
ſet, before the man died. Baff. 
aal, penal. Jani 7461, Robertſon. = Founz, Thi 
de marriage diſſolving, by che huſpand's decedſe, with- 
the year, all things walt retu?ti 416 inde, bot only 
th reſpect to che deceaſede helts,” but alfo, with re- 
pee to a third party; Wud Rag bhod himſelf to infeft 
viſe, andy nccordingly® ied iöfeft Her: Nicolſon, 
D:uble prinding) Hadd. 8. pn 1610, Roſs.and ber _ | 
dan 


— 


_ 


SSE 


BEE nyo oy weg, 


110 ic ber 1955 ee 
12 5 e eee 
. Fi aud 75 
e hands © 7 elr exechtors of che 
Dur. 9925 Te 285 | 4 
1975 co | 
#3 ] | 
— ine 7 ow a 5 
EN IN 5 the 4: . 29 po 
EN 8 an mM ; 


eee? 
5 59 7 erg 
acoder et 
3 
b Heck "hi 
18 er Apbtitgd and uf 
TW: 


EVEN. gt the dieter 
Guth 9 — 5 : 


= 5 95 rs 
Ore... —F by — > 2 aſter 2 
| 2 8 


'F marriage wo | 
thin pope and day. 
IN an a an for 151 Lets 
Rſſalvin within year r ee 
ife's predechaſe, che Lords 5 15 the” Ti” 
band — Lr debts dae d wt de = 2 
fed, before the marriage, in, „ 
a refuſed any e — NY: * 


8 f aliment, 


BRIE» See d year and day, yet 

\ v1 - ar a 

living child A2 — ted, 15 8 15 

lied alſo within the: ver, 4: 4. ver (alive 

3 Ne th the tocher 'was Aue, 2265 bil be e 
is to con 

ade in all. fach als Die Anch. all 

pot. 4479 26. Jaly 16 ( 

ope, (Hu, lend] 26. Jan. be 

A TACK, being (oe e mas and} $ Ve 


| liver of them ty Nd, ee agk 6% M 15 5 


ing been after wards 
he wife's fault. Ja ir was 1 

de tack ought fill | 2 
cho, in OT ea," 
de wife, 153485 
o the hu band 74 
| ad &t, Jlantg, mi 
F rely TR | 
in a proceſs, far. 
er d donatio. Proper. 
ont, was rob il V 
14 47 


; 1 fr 485% 


TS aß 


vant 1 a 
1:29 s & ec. 15 Jo. 
1 Ee ſeel 


wo” 6 baths, 


besano WIA E. * 


d during e 7 218 - DT rugs” - Foun, 


1 


1 
{| 
| 
| 


i 
| 
| 
i 
| 
i 


206 fy AND god Nodal 
| wi f1 
Pr or Be 5 


2 
iE a man dies before the far r 7275 ” c] 
: | | a F 81 M 1 he 
e Lo Henin of? 0 5 „ 


his aud EH 6 
7 c 1 


3 deat NY TA pri gaps eh g by ex! 
Imken the 1 Exchange of: ova . J on 
| « fortune, IL Waben | por hg Tere court You 


4; that: v it p you! ha to Weit p | er 
Peres led $48 On Ane alf ay hea ene 
Ten ce, 1-08 nat whe itz mY Take c 
. er, you, us well as Be ar bart can oi 
*, As;to your going, THE *beipreſerible to apy fill 
© jw aver" ee ee oa! 1745 "Mr Far 


came Home, and the marris ce thy 4 
Sede nad de Je n BR" 
riage contract. Being upon Beatk- brd, Apriß i by 
and Airy the ſeaſt proſpe of repoxer'y;; das BP 
ted, which bechmę lla ſutzjed 72 Sure in . I * 

Cs it proceed ee the, narra tive, 208 2 


. 9 contra, of ,marriage. bot wity 
«© verbal conditions; therefore, in Kecnde of bit F 
<< \inzentions, he becbmes bound to PAY. the: ſum 
4. G86 1: 4 Sterling; to his ſpouſe in le 
*$; and to the ebildren to be nocreated ou or bo 
in 255 22 failing: to his ſpouſe, ber beire, 7 


« ui is"deClared ic be i place of WIR” 
e provif Rims.” 1 Ide deed” meer 80 8; *% 
ao # i1 


. f "the Havſhol, pleigfl ; 7 | th 
5555 ee PFarreicr Sig lor Thy 


Dy teſt he child, I 4 
FEES en 869.the nearet of bp, WARNS" 
ther this {ers wha | G be. 8 "x raged, „ 
matti An ee N | "Mo 
yearjaud day; f e , and hong 5 
+ oW&y EET YEVE 


4 Tcl fl 2711319 5 or nen 


1 


dene Red, eh of pes; 

Fn e rape inliadia geln 
s F 38 
ä 22 —_—_ na Mr: Forreſt in- 
hho! ' he:Thontd: dies 


. e 


2 


Ms be n 1 
* 4 — 5 8 A 1 1 - 
-C 1 wh," — — oy 2 


ercafts 
bat he intend 


marriage 2 


ie lad. ut . 
reſsly #, 1 


of ſome. ver ba once 
# the Sun Al 
ears frym his milf 8 


12 ˙ at HSRSSYETSc3i.s 


* 


ny: 2 
| ing inte. 


12 taney, 7 
135 255 


w 

4: The 140 rs. 20k, 
| be a mi clear: FO ane 
adeed, moryfh . 5 20 


| 
. I " 
C3 * * 


* 


| = "7 5 4 


? cw 


es 1836 U eee, 
-aad's ander tis power, o be effectn „O 


K ne , the wes 7 Mang 
þ PRE b. 259. 80 + mery 22. 162. 4 
* OMISE of wal | lowed by- #* coal 
qpakes. a awful 3 aum; und th alt 
marriage, al either Wy 1 enge pad, 
2 17 FF 175 e 55 Feat ; 15295 ? 778 ; 


"the" anjount 
255 Wie. 1 


l 


EH fer livg 


4 08 


to: him, for 5 a, oh 1 5 rh 
_ the Wife, as a donate Igler CEE 
| 1 to ber againſt fer R 

: + Fac. Col. vol. Tk ” MIC 


TRR Ser we © Erl will te 
bRl.cf (in, 2 rh had 12225 
dg d alter bit . 27 Jobn Camp: e 
300 20 Legt there as no iſſuF. Ardnave,” my | 
ene Eat beret 5.255 . 

5 5 t her 

1 by 5 5 Jorg ſetthed her In 
1 Arch onde r 5 in da 


* 
# 


3 


_ 


his wrt 1 57 in de 
11 ebe unc 
*Cattpbitls,: 3 
'Y 25 a. | 3 | 
"ther, agai iN A er 80 dat of 5 65 | 


Fon al Their righ it to mn in fig 
N And Yar e bart 


1 85 170 x bee ones he di 


porfiers made a = 


5 5 284 


BIG 


nen — art 


IT e ad gf 


IE . 


_ we Cs 
— . * 


v 
I Lo. 
* 


2 


* g 
: > > 


— 


2 enn WD 0 we 1 U. 1 


Siege camyill- 2 

vealaedgplainh 2 

nd childterg ri ht te A 

the: #0 8 — — 44 

E 5 1 ur dar ng net : 

the m abt ; , 

8 onde. ad having n ,ein. bt 4 

- nei, _ 
e W 


bnabgy; 
Sener ben 4 of, . 
Ae e. eVWeniol fais ini 
tion of abridging the wife's ig Ju che crea 


When — FAS 1 


8 A 


teh TAR i; PA 
5 peg. 4A rag: POIs 


| = op as i 8 d ns 5 
en To the legacies ho ty debts. of Wt bs. 
Joke eee Fn 

1 
rakes Nh iN eee gp. fi 4 Us bo ” A 
: tors, it WAI; ny 2 e 
ee. PESTS = 
Ns uy u 271 er 8 9 
S e * 


quake ett, a 25 


or e hildrep, þ by any TR 
\Regscil — 


which, is all ab. 


PLL | 
ONE RS Con 8 
L Wen eee e e a 
3 9 Fil Ar a en! e 
. ts ; E - 8 


= 


* 22 2 2. 
8 


F=F 


HU'S BY u au WAI EI an 


and repelled the 6bjeaion Sie the ny "Fae? Col?" 
ol, II. 411, 'z Itf * L is O03 gr xr 
A LENT 1 + Aer + 

1 Gre — ei 
Rin wrrbe, 11 4 ke 0 3s 18 2 
AN additionghpoſti n RY ade 
cond. wifcy, and It 

it, a contin deb} —— Ait tin 
. 8 III. pe re we 
oteeded updndupy 


ſound. tolherglind 4 
agy claim on ;2 Gl e 
MKinnoo; Feb. ee Tk 


PRESGRIPTIEDN, , "again. NA 
refor ip tion, AVAaumm wy 10003 er gt" N 
THE A iF liable r ab. hifet 225 e 
Lot ation, all ac, More" ' SLIP 4 { 4894 V. d 
eee war e fury Weds. 


ee vr a pe ert . ge N 
is et met ut ft PA Da | 5510 N 
FH cannot bs fucd\ withen Fae 1B J 
! Citation. 0 A On. 824/46 5.92 10818 | 
IE, Fs privileged ee, Fi As I 
buran Þ:' Key 1225 2550 

* 


nen,, Sue 5 04 e l 
. ure, 
| L a0 ——4 17 i 908, 


, 
e 


1 5759 ids 5 
WY 6] lle al 5 


l. 
ebe Sep Prejunption. iv t baren 
Hr Po: 


. ˙—·˙» . , , rere 


! 


= 


* 1 Tas Fon F BN 
A 12 50 
1 1/062 


pul 
7 oil 


— 


—— 

ver a be 

* . 
AE. $799. 18"9 ; 


PO 


2 +4 
Years 2 2, * 


7 


a he "al ah 


5 e 5 


1 7 N c az 4 . of go, FS 
= = Ly 
a 8 A : 
Fi ; I 
S 23H =; bug 4 
I ex ; 
or — * 
N 


Desde h, U bf 

gemer el. der = 5 * 
Patt (00s. vices 

virtue. of 2 e eee e . 
bypothec.... 12 3 2 ch 


| 1320) 37 & Wane -4, 
el 0 0 


re 8 
Wag his derer, nptwith 
„Hinſiſting e derainy 


ground, in. vines e 
1 — et 


cattle, wing 


1 TO THE C“ ay 
pulzie, at the maſter's inſtance, the Lords found the 
deinding copld proc gel. tho 'argditgy b vii left foffi- 


8 Nie 


while * 


1 me = pes * 7 
ED 
dorning. In a proce 
ping the padin >the" ers 
made of his byp For the! Gly = rent; = 
warrantdbly” e e: 
1736; Pringle, e e of ſedbrity, or 
conlignatio L the ev of tHE tent, 
vis ſouuck 4 N Tulfes a 
rok . 8 . "poſtiling 3 Purrenty TPM 
L 1 21 An. 1 oy wg eg ch 
WHEN SA Red . 1553 off the ground, 
the 'maſter;” Je rerewts, ban bring tert 
back, ws lac, by virtue öf bis hype 
dee Stdir,? T1. Dee!” 1672; Crichton, 
goods were" carried UF 


. 
33 1 £ 


— * 
Gs 
LS 


< 
— 


15 

e che 

ks Fig Ara eb. wr, Ur 

.o the fame wil vblawfu won 

* deing $dney or ier valle re the Pan deveceatt? 

4 chaſer 1 n 0d Ne to 

be Fe this "eres hes Tucseiene bam 

0 — þ f which; were ordain» 
ohr'teftored Ae pur of Gccoroure 

i by Parkweg h 

. 5 

ief, | 

"Mo ts he 1 — 

* 

* — extent 


{ney of goods upon the ground ee ee e | 
3 That the goods were not li: 
1 far ak to the debr "in, 


nuch' OED ate for's | 
A. and: refuſed 't 


Ten c thafter. — ; 


. — —— — ˙ .——³23 — —_ 
— — — 


dun sing by 
Tine ole the Br 


were 20 85, 
< 1 | 8. 174. 0 up; e! 
| i 0 wg as” tha 555 tan Fount. oh ou 


10h. 1 be like, of 555 
in pablie mark Between ule; 


' naqu org 89 * & * $4 <0. 4 f ** 
the price nnen | 
beben IN el. '3- Feb, 1634; es; 


777445; 4 > £ 


WEE Co e 


ere mae 2 905 


the: thee; 
tenan LY . 
inkropt Rr fon 5 5 9 on 
unniſon {ard 1 u. ap * 
AN F bp _ | 
uit for he A1 
a +24 2 9 5 


oy ma . 101 
a p 
"hs 


firſt 1 
e 


4 0 
EE 
Dh ' 
cher, 


yer of fs per hug 
the time of Cling: th 

drns left behind, — 
e ground; and f. — * 
hat there were as ns ot "we tering ft as or after 
andlemas, before-.whieh: time the; maſter could nov 
Ale wich the tenpat's corns far bis farms. Nies 
rreſinent) 19. July 162% Swinton. Dur. 29. March, 
539, Hay. Th carne ba the pridcipal' 
je hypother, the. diner goods are/alfoſubjetec 8. 
pothec, ſecuude loca; find re; A onder of eat 
e was. found Jiable As- intrumitter not havib 
le {thus bn 8 goods ſu 
100 8 P 

FOUND, 5 at athens: Ws 2 
hecatiog of 


3 Wn 1 | 


e 


der 
t 


Jane ses, Feen, 
21 1 "0s Opeth. 


| 
| 
| 
| 
| 
| 


216 


7 rouxnn, Thotan n bocry 
2}: af3 -;the ralmon caught by his cer ge i 
: Terk sf fb; water as being ret e the 
pant — ib were fold in a public markes Be 
64 „„ Fehis68, Molifos,—4-Fhe ſus 
faund againſt: e of eſcheat, whoſe e mt 
womition, a3:in:the-! caſe of enros, atio 
nearly for the rent, provided he — you 
with as 2 as: would ſatiufy the revt ;*Stairy of + 
1 4 Cuatings-i4-1 246 49. g6 (11 2 3) 24 rg 
THE town of Edioburgh, having 1 ſet in tackwhrand 
\ 44 2444) 2} ,- rof their cuſtotas to Provany” who Wi 
Tack of a. the ſame 80 Garner, and arreflmenthy 
Jeg * ing laid in Garner's hands, for u dd 
Pome... due byProvan, the town re 
„ appeard in the for 
preferred. Garter: being no other ide debtor t by 
van, dut far, his ſubtaek duty; Gum. Newb. 51. 
1665, Andarſon. 13 TIES wt 2 1 1 An - 4% 
Britifh/tatute ©, . THE Britich Ratute,' ge Hand, . 
ant the by-" titled, An adt for leit: ſecuring of tral 
poi ber, her, i. nd 10. prevent fru. een e 
| fen mot” 46 Tag, ether rs 
Storland.” Wort 5 Nox. 1783,  Cuantifon.: "I 1 408 
Fri A Lian :of 40 hond - may 
Hypothee 115 v3, N. a binding, until he be ſatioßed . d 
invecta & il- a year's rent, and u more; ut d fbi 
lata, is an ding being ſtopped. ene eke 


8 32 


ur han Wen _of three terms rent to the aut 
r. Iod, he was not ound . erb 

; ; forcement, in reſpe & the poinder o Mu 

N not * ſor a year's/rent,. but -oJly/copy Wl i 
Patt 1 Dit. Ornate —— af 
ing}..9. Dec. 1630, }; of 

ſtand. A to the agu lor ſon bis rwi 8 

in urban tenements;; nor can the, hnant remove! . 


forniture, unleſs he find caution. 111 a. Nara 1 


Fount. 12. Jung 3703 . Callendar:: „ 
n "yl 4 5 ITER has a e 
— prin thy is coal litnent'i W 

tor: 1 & age ent as claim ſor pains and 


1 


« 


31. Jan. 1738, Burlief Sutherland; ' © 
FURNISHERS of materials for i — ve 
hypothee upon» i Home, 39 a8 
Jan. 1726z Maxwell, Oas having ſold Hypethes up» | 
a ſhip, with a reſolutive condition,” That on ſhip _ 
in caſe the price was not paid within a for x 
limited time, the ſals ſnould be void; and = 
we purchaſer having, in the interim, employed chil 
to repair tha , and-becoming bankrupt, wich- 
ut paying the prive;; or the workwens wages ; in a pro- 
ceſs againſt the ſeller, for the reparations, anßwened, | 
He was fatiched do pay nas in rom eiu. 
further he was not ſeeing che purſuer fol- 
lowed the fairh-of che parehater, by whoſe order er- 
pences were beſtowed npen the: ſhip; neither neceſſaryj 
vor profitable: he Lotds fonnd the tradeſmen,.who 
repaired the ſbip, hadan che ſame, till er | 
vere paid, Forbi Foung, 16:Nov. 19115. Gay; G. 80 
THERE isa hypothec: upon the- πο + 
ding of a ſhip, for the freight, and other e 
duties, ſimilar to inn, , illata in 2 
re tenemonts: Home, Dec. 1688. mu 
$4434! rp * 1 2 kit be „ h 
FOUND, Thetwiariners andenmen bad y - 
— ee G1 p for their wages oor a Ba nd: 
of _ laſt» yoo has they had ' munen, y- 
ju inftendi;/ an eineni, while in | porbee for © 
poſſeſßon of tit r Helr wag 


ET mn 
aye, alc, 

te, Scare OBI 6 (reg) 

Rathen's way Ane e ————— 
bur that they are a 


the ſuip, 12 am the \vargo 
Ca ELITES 1908, . 


ko 


LS $+ D454 TS: ISLES EES 


u_ 
= 


4 


> 


LERESES i 


had 
a- 


E 


> 
_=, 


22 


 -andiQipdlamas  Fademion ha wingibeen-saben ou 


ans BY trer un 2 


ih pothen| r 
gandnefor) ein godtha lt. for price 
. 2 Ji mn og on 5 my £1 en 
— 2d2 d<1i bea Net E A 
Atrr dran  bpregudice of the lende s chypathgy 
exraidg quo bus man be incatceatsb nl o replan] 
bis „ banoo#hems 14 al, HDs Jacklay 
beet Sd He bos geiflg: ai 
W T- bang pay able in vidua betty Gh. 

— and lemas u the ma ſtex. der Chriſtimas 4 
K ed to accept:ofi oaution Tomn ede forms 

of -his;rent. . 4 Ib, June n 
A WRITE RImaytdetin his epaper for hy 
acnompt. hut bot fon matey; advanced for hin Halt 
v. IL. n.3. Naſmith. uri - π· e 395 2 f 
ANN ngo, aeinded ded and carried i. is 
nat be necavereth; W aD hy the maſter,/opmbe 
Aren Rem Dec p. 1041 Cnrrie, n 
2 — tram «Duleony; John Manina: bee 
end g fridhigiꝶ ſi bu)leo wa etz Dan, 90d ff 
cnlls1996s, 10f the growth gabe 25 Þ) WHiGRhs ing 
mon farm ih dn kambound to deb ver hot 


gan jt — hiSSioa Ae rea 

wes beguoref che earns Pa 

Jen. Dirketon's cehambeniain intef Ra. Mgr 
of his maſter, to /ſeeue Ine current Juan renz. I. 

poinder · offered en ſintle aui . N. the ren 

ond haue. ee ene by, # 

——— ant falowing.,reaſon, F bas, ax G 
mas:was Apr ei . Nirleton as ęnzitled , 

ere bmgigfe conpenin of Hrn r hiafrent, en 

mot be bound te aucap˙fH n place;of "aber 

pores Supi at this; affer- can hear HN 

; -Rrndion; bus ts re — _— 


e 5 
the — ——.— 'thi 
- corn ({vfitiont Hue ar ent- nx rio 


hie defense the rHalb ing deins D 
nber ding hn — 1 


* _— 


* 


HH H Ea 419 

„ be lie prpegy darf om Cc. withedtediftine- 

jon, Weiher Hübi n 
8 | 


even his(6@WR WARY desde in mne meatune, 


4ddKebred with the land: 
rache to: he ids uf Wired e and capablauuf 
Ming propirtfioflhis owin it was dtckoned à hard- 
ſkip that his goodsſhould be f jected, per ,t 
payinenr of t dnss debld; w. us dvdchlRay 
— . 7 og ——ů— 
part * 4 ae from 
© henveforthy, che m. ſlalbiact be odifiredied 
4 for ane Jer d t, free tba to! hk cent lf a 
5, term'x hilly” d- en Wie: po ter tefiried; an it 
is, has ſince gone into Yeutrude;o mit reafonbbly, 
But there gef vn H,ꝗjmuener flomghiclotigitaliodbii- 
autiomt deb el Rilb eenndine de vir h a- ne he! 
— — the landlord, is thetkaaark goadijancec 
0 de teftFifed; aim che 4 Garg tha land is 
eonfidered as pre prie tot bfi ai is: | 
est, f. an ch veau chat; 
: ane 0 0. ring Upm es foating; thaven 
. A n — 
600 


g 
atrur ——— 2 
the eerns; ot any puer, ——— N 


EI 


E 
— 


„ r 828, 


2 


of 4 ruht 
del paidy 29. where then rj, 
er ane Gy the tem bes avcefwneſcll's bojl 

of corn, 442} 


e pon ng mee 
emand® ue au 4 
Trey ed {1 ——— —-—- 
menen A tennbt len, ra but by 
ſale of Kis cornt'undfockity ;2 undi Would be a 
to give tue Jagdbisd %  priviitge t bat this com- 
Se e e eee 
WW 0 Zu 

öd ef esc i Ea Wiki 


Sands d zr ber h his beallls 
ande hes 


1 
me- 
tra all 


nnn 


e An r de eand o- 
von bee —— — — 
. large, or Where the AHA Hefe urs ure earryio 
75 is effect "But * ww kind, there 

is 


- 


geen T-HEProid! 


1 0 pgs he eee 


3 av i"ng x. aud 


Uord'p Freon 
a, rams 


harper a 1 


of pte er, 0 0 ee 
Let as cond, a Jen UT 1 0 6 


victual of that 1 57 ace as his ren 


 thertÞiF, Head Ghobatrs AND Ltd; 
the growth of other 1125 * W 3 they 


| bY torres — 1 


10 
11 70 By 8 ID ban 
0 


4 


2 1 5 We 
01 


þ TAROT # þ 

1 0 xt © che en h l vi ae x 

p | | * # . Ren , 

, ofd: After Yule? Now, aqthe 

| & 5 . 
97 | — g a oo 

_ A 466 fn L m$ 

? RE 12 5 

Tat 15 

15 

Ap o accept 


— 1 5 
= Fo 10 upp phe of t 24 
* i DE 585 


1 
O. 


= 
FP 


15107 PE TODO TY. 
- mmm nas 
a pai 

wha as gen er 
7 IRE 5 


rn 


HE nee 
= 5 


. 75 W er 


Wen 1 


ord *19d7 21 — 700 


F 


rl 


Toy . 


rel 


— 
8 


D 400 au ply | 
13v 16801 to ig Ai 


1081 Nm. 1 


one! de iy 3 3 


e 


- 


*. 


, MB en! LA n 
x ſped 1 575 ede 


TY INUO&35 91. 01 805 1W, bon be 


ty ougl 


„an 662 pan fh. 

lecke | | ; An' 
a i 5 : 1 15 bf 

1577 cared: e t e Balkfe 1 

A (eg, and | and th dP "Flbonttre-b 
que | 


Furioſit 
1 io e 


wb 295 10 
197 Ko 12 off 361. 

Kea 
ee ©2 Alb, 1a 1 


Aus 2 xs "oct 


8 "Pt he 
0 Ane ee 4 or 
EL i in| 
dad To he's A nl! 0 þ | 
"Y .. : mn ins 
ola nis, he 
ren as mortis ; eaſe, amd fo jon! 1 


1 — — 


EN * HN. 


. 
= 


T2223 B 


L. 
2 
ws fs Ns, 
{ * 
0 55 25 55 egg 


5 1705 


Lau os 


22 


— 


0 0 
0 a o — ace ion | 


1M F BE@D WEN GAR. ing: 


nd ; the 2 = * r That 
| Ni Katber 


 procr miert 
the cee e 

founded upon a fu 
«h&dland did! 
„to the faid y 


| . —— | 
IE Hd unde bout 
e 
wards, it o ue; conveye us - 
herne Hor ü Aae uf att 


Age ants 

— 3 te tnavriaer win droupdht «vourþy - 
Dr Ae 

4 ————ů ti tende rep neon faib rhbredo2! 

O 3 — hub be terms loi vive © 

tract udo edniprehond 


> nba thee i 
bon of :S$oxvomty ty? | oBitgb boing!? 
ee mod be id n 
veyed i, ure thereof Londa dhe: 
4% Face M N, Mepreſentagives bh ennie 
Jen. 18 4: 1 1 en 5ven of mob blyuod} d — 1 
-A'PERBON 1 rhe dIbontÞrocatother;"on condirh- ': 
1706 marrying Mith whe” | an 
0g propofodi a mate — — 

parties did h agree'ed, but mieden 
——— — bfakbwaiilis. bad, > 
wer-eo/d Joly n. yen 0597 brat Hs bas: ;2)drvom ** 
&DI$ MONA Gras! found 20 barrhien 20 
lication cui nir Hale. did Pn, 
00; Frbb aA nom obO % mf en plantdainnig. ** 
to bsi g viaentrnien) 1 inane o 8 


(PETRI, 


„oo wits s n doit Fhantames: aP9Hs 220 ils bs 
PERSON ufd ia vn Anal envia 
1 night, beringt the fm 


thble 
— dard bereüiftuvs 


ini 


ABS —— —˙ =ESEST CC EDEES 


': daod - 


| —— und. ung, Tf 
4 — — Te 
tion followed, "as uns (Een ene 


te inbibitionii i tho) iber in hibition U nd Ab 

er axptefian, . — — Nam we 

5 AOP „labert 490 i F- ont Nur 
nc ea j ů 46 A eu A= * 
inlibiuoni at the inftatice of anvllights f 3 

| which the NR — ad der renn n be 


| if i 75 
Wan nt (ff 


as pusſterr 4 
vgncainf obige sat H¹t˙⅛ raaric 
maids anddnub deff pt li 
He; iti 3 101 Dupp4uMatchics N * 

he ns eee x 
Gomveyance >1 k e 
ef ii. Yubjedf;) I descmmblzltb ether 
anavbgch' ob: Sed heren dn here right 


| 8 wire thereof; — 2 
it implies a@ aſſigae tine 4 
ame 24 Jdlynu61 of 
_ all rige, in Head. 1979 2 E 
his per ſon, ro- diſpoſition carries r in the 
latiuæ 40 the. ner, and theve fore a Hin ol! 
Subject # 1. fob the liferetiuſe:oiths!' 
found to carry the reverſhi 
expreſſed! Staity CoD6ci51663) Bagit—< bel mit 
Las found to neben de a ena ifeyencryv who 
infeſt after th& wadfet; the phyingethe duty 4% 
vadſettetd. Hupe (di/orom?' 181 July-#623, oy 


8 


ol 


ES, 
wy . * CS be ſpun 4 = 


A 


*; — e J 


2 — — 


. ——— and 4 . F 
rel; e ted ikea 
's re On 


at-hic-age EI gatory el 
a cndiion which —— trerah 
I — und. o ddr, ae 
Aae, lee r Blerrs 


1 


Jour pan 00 
ve weigh 
ra} That 4 


— acades by at — 


g —— 


d — 8 — of — 


t term after 
12 wher prinided, 
diting. clauſe, pry 2 dies 
PayMent : :thitbs aches 
25 1 would nat he“ 
* 


dad) ws 


jaaſe icapqated; 2-conditzets, 


onde dip, u 
5 — — agk 


— —ůůů— — 
en alien ri the/o picfents: tis e 
oth e ;; the Lars tou 282 


Ning in her 
not pronagative terwtiminJolatyoni Land 1 this — 
* „„ 


1 g = — 
<> — — 


Ea Lhas — bi a . 22 
d babe ba fuggivs tha. lerm am end, .cqually, as 
. congoiyed: porable sat a certain 


—— 8 


. 


zond. Hare. (end,) 25 Ov. "606, Kelſo. 


e gs So 


den. their heirs, and — at the- Payable at © 


Wr 
ET 


e pits oh rns 


5 


at ber if the children arrive not to 
| ditions, nou Bice fr Wt. ; Thr Lords rn the boyd 


Land aligns El fon, notwighgandinghe died 
Jet. Il. e 2 


/ 


/ 


230 IMPLIED, conpiTLQN 


before the zerm of payment.: Dee. 172 . Cow 
Campbell of Calder. Sc 12 offs h 
; AFATHER made a bond of proviſion id fone 


bis children; obliging hit 
e 225. re of _ 2 certain ſum, 750 oy 
taining ſub- clauſe, That if any; of them. 3 
Hatun u, K without heir! of 1 thitr own bell 75 
N 4 oui erer gſes to the 25 60 . 
viving. Two of the thildren Raving 6 bers 
father, the Lords found no uon at Rh ine df 
| ſurvivers, for the decenſed's fhare,/in reſpe& dhe val 
remained fill id the father's hands d during ' bir 8 
and, therefore, as"the bond never deere came a Leine ne 


vident, in favor of the two prede afing chil . nd 
ſubſtitutes could catry” nothing. ber e 17, 188 69 
Wallace. — In 4 1 3 ec _ 7 
the reſpeQtive re 555 1 at K an 


after the father's de: 28 ho contFary, was found, T. 
the ſettlement jntèrp wy to be a*conditionat inftizoþ 
on, in favor of the far vi ers, and, ee tan 
place, tho' the children, who pr ceaſed, had ntrert 
ny right, having not only died dente t eir father, bf 
before their bond of proviſion became Kenda did 
or de'ivery. Fdunt. Forb. 14- Dec. 1710, Sh th— 
The like was found; Home, * Jan. 1726, bel 
A PARTY. having granted an aſſi nation, omninn 
hs 4 151 bonorum, which ſhould belong 40 her . 8 
3 4 1 wy time of her deceaſe, reſerving her on iy 
be p buns;  liferent, with a faculty to alter, e 
* Mo, *  articulo. morlis; the Lords found, ti 
bs to 'be, 2 mor ti cquſ/a, aud therefore void by l. 
cedent's ſurviving the allignee; aud found, That t 
ſubjedt belonged, to the cedent's executor th t 7312 
culty was never exerted hy che N Fore 
| 17077 Irvine. — A donation, mortis cals/7 bringgrn . 
by a wan to bis niece, of his whole Jon tre ay | * 
her, and the beirs of her body, nick Balliogs 15 4 
other beirs ant afflgnees whatſbever, with the b 
of his juſt ne. lawfal debts found this e In 


vacated by her rer the diſponer,” EC 
NS A Vas;opan ty her e ud neareſt of iv, 15 ah 


059 527 81 


% ITI 
dbe ei; HE, itho” d Terved hr the-enre dani 
and th $ to: Beta, it, was foand het 


the an, ut che YmpbVve uu oh e H- 
wer eee e See af fog he 3 
. 4 
er e 8 duft his hill, 
e for ſervices done, ant to be : wi 
2 — wget 7 the — dich net 898 7 
d Any ftr grabtng'öf the pen gon; 
tho” the defender enen ery Pep hav the prajid 
theteafterdeft b ewfoyment as advoctte, and decant 
preteen bor ig Pe ed 'Dec/ 166 , Jawis, 
for Tce Jane arg: 19s — was fornd & fed 
uitleſs the Ad 55 Fefdled the graiiter's ſerviet, of it 
ved ee #f; 36.7 TSR OM BY Wen 
ecke - advôents fer He, is cob 
* 755 e 2 , her dtröz, Ae aid br rept 
70 RIPE but ae Laier aud hi 
9901 do 1 G55 e the*grintece wat Wade 
E be Seins tec the condition 'theh' Failed, 1 
dete eh bord wad föppbſed- ce b. 
19 oÞ:.2the mains gement of the grenter u 
Nerv. Iyke, Lbckhatt. peer 1270 
contracted a young Womith, his winor, tom geh rel 
of his own; 1. 75 himſelf ro pay dt tochevi With ber 
and, of the um ea u difpeftion to ber wholt 
| effe@ts; ' this dif granted inuire' a 
. was Wang Ini Fe I, 3 
et 2 "Upon Gettibed, f e a Mis BF =" 
ae vm! , tant} rtf iv Elcheſt 4 Sterk ene 
11 fia] Ne- pointed het ezetütrix- unt 2 pany 
fliment ver ert witk this provifisn; Phat he 1 ab 
furndt In os io deo met ks 8 eee 
5 fe 9905 br "Yr ene i 
hity far fer- 7 it A 
% ene — — ad 
Yr 18 „ b are ore „ iti being e 
ee 30 en that the Mecenſed Gig not de 
that the; U. have b the 10, ed rh, und ah 
5 * afro SfidGhend gte tat, cbt 
2 


* 


— 


ä . rerhen bobs | 
— zoned 3 — 8 * | 

> aiue of. L ſece Srenbng,. off 
hr gter lit g to another. — Jegacy, 3 
Fay hat the ſaid legacy ne Wb a,vjew ha gh 

hl end er was to get: the whole fomupe, h 
wi fate, which is the greatelt part, wat 
ir, in a — „FE E 
E gacy ought 22 erna proportionahle a | 
ing in ſo far  legatam rei alſeus ne DT: 5 
s preferred to the lega ter in getting the diſpoſuion, 
mis is to be preſumed, the deceaſed intended the greateſt 
oe of the eſtats ſer him, who was abliged do take the 
n poner's name and arme; whereas, if the. purſuen get 
ebe whole legaey, after, che payment of: de ta the, de 
Wn ender. will have no benefit by the diſpoſir ion. Anſwers X 
onÞ , 190, The. purſuers, who are t the. deceaſed 's Ano, - 
I. e more favorable than the defegder,. who i 
all Wc" relation. 2%, The e 


> 


* 
_ 
— 


EAA 


vn 1 2 7 * 70 ad, ; "The e 
de whole legacy and 
r align the deceaſed's eftates 
688, Kettleſan's daughters ; but found annualrent not 
due for by gones, ibid. John. Eart of Dundonald, by 
a bond of entail, made a total ſetelement of his eſtate td 
te heirs of tailaie therein exprefſed. ; Two days before 
adſcribing this tailgie, he executed bonds. of, provifien 
favor of his daughters, and at the ſame time medg 
a will in relation to his q eahles; which deed: jointly 
ken, and, in efFe@, executed at the; fame time, aud 
ept by him undelivered, made a total ſetilement 


= 


— 


ts 
* 
9 


— 


lands ſhould. deſcend to Mie heirs of entail, and that. the 
dies, his. daughters, - Mond have not ding but their 


Naviſons. After the ſnick Earl of Dundonal's death, 
being diſcovgred, That —_— of ans -Jands Fograloe 
a the tailzie, had.never. been Habijely yeſted in. he. rail 
ier, but were; fil 1 baroditatefacente, of a remote 
refer, the lady ee Jady 414 
TO" his two d gol @chs e 
d, » 


"DEE zELRSTSSSSE 


4 2 


ne ND 1 Au. « 


mm. 
enced. with 
e legacy, 7 Wy ritaney ad jected in caſe Thy 


pinned he ee, pee. 


of his eſtate, and ſue wed His firm e that the 


» 
— — > A ee —— — —— — — — — — — — . _ — 
id \ ** 


- 
. AIG STO POE TIE AAA AGES An I = 
—— 

— 


* 


_— Irn. TD Nn 11 font. 


That, as :heirvilofodind,' vg che dſeid irebanteapredeceſy 
che v. entitled tro:feoveorificmfely6s id theſeving 
that: get z his f his 
\oppofedoby the heir ee whom: 4 was pla 
Theben and reprobate-their 
rer withz that if:rtkkeyracceptedtheiribongs of. prog 
om they eo * „ the: tailaie ; ih 
quatrelied theitajlgie> that they muſt tenotnce thi 
provifions-  Aubwertd; Ihe bonds are :coticeived ſd 
ly, and abſolutely, without: avys condition; and d 
ceptiug'itheregf' cannot cut them ou of; any: a 
- Sghtz competent-toithem hat one cannot approiy 
and: reprobate the ſame individual deed;: which woul 
be an inconſiſtency, but thegeiis no inconſifieacy ink 
- approbating a deed; which ahe, granter:;hadboweri | 
make, and atthe:ſaine tines yeprobating another dei 
Which the granter had no power tus make. Repla 
Since the? Eark of Donddonald granted theſe:proviids 
[: $0/his danghtersy upon thiswery! cane A, confidds 
tions That they were to havernothing ti} out of bus 
|: fates; and figee hai durdensdchis henepfothilaie; rid 
Orbe payment thereof, pom this vegy canſe and coal 
 Faſiod, Tut: che y were to have> the fund inut of whit 
itheſe bonds were to be made effectualg it follows, Thi 
- If the. ladies chuſe to quarrel their: fathes's ſettlema 
and obtain 9 aut o his eſlate, abe ro · 
viſions, muſt: fall tothe — „as, fre rann. Foul, 
hat the bonds of prov , and bon of tailaiejmt 
to be judged as of the ſame —— —.— totabet 
:> Mement; made b Jotin ; Karl of Dugdona}d; of his u 
eſtate; and chat che purſners cannot Dave üreeß n 
l ſueh of the/lands-Tontained in the ſaid taildie, vm 
' -Sn'barodtute jucenta of their grandfather, ui 
to deſcend to dhe hes of line, without quatrelliuꝶ a 
5 — theiſettlemene made by the {aid fart 
and that, therefore, they are not entitled ap alas ui 
their bonds di prbviſign. and like wiſe Meir focectbal 
to the ſaid larids;- which! were ib har ddr dre facet; 
but chat they are entitled c t eicher che 0 
8 — ati their bption. 30. Reb. 429 gra 
More Ce. -»d eiu 2 14131 4 1 9 ＋ af. ; Ha J> e 


INN e eee 


5 0 u, 


g 8 S. 2 2 f. 


82 


5 8 8. 78.8 B 


. 
5 1 


MBTIED CD NMH ; 
"that time paiiefſedgtbya gut. Srombheriod as HT 
rown, of the BukdmbMonmenth'4ptrors Ghggatiain- 
al eſtate. n conſideration af this; ands rawrd cer - 
hat her ſong the Earl,of: Doldrein, wes: farfofitiana 
ot other wiſe provided -1fhtoggantednbide o 04d of #4) - 
a bond of provifioal of omoeStcrlingi:; mene, ird 
The Duke : forfeiture; ꝛoth erh co hegeanteatſs 
being reſcinded) bythe qgenerii ast veſeiſ i efobfiowands 
pr y, in the year 12690 the Earl oe deprived . 
orain, upon that medium, inſiſted in aa * 
wracels aguinſt her Grace: to accompt to him for the 
Duke of Monmonth's:petlonab eſtate, be having right 
thereto, as ezerutor idagenned to the duke his father. 
The ducheſs did not oppoſe the action; oaly craved, 
hat the bend fon . 263600D ter ling, granted and paid 
by her to her long! the-purfuce, might be imputed pro 
uno, in ſatisſaction oi his claim; and; t was pled ſor 
her, That it never wasrintended oy Lord Dejorgin 
ſhould have both the bond, and his father pesſonal 
ellate; that the bond+was. granted. when my lady du- 
cheſs had no fand:taianſweriit, other than this perſoddal 
eſtate, having no / power to charge it: upon the eptailed 
eftate; andt therefore, as the) hond Was pff] given 
in contemplation of the ducheſa having this ſubject, 
it being taken from her, the bond muſt fall to he 
ground, as fine. cauſe. It vas anſwerad, There is a 
great difference between the cauſe of . (granting a bond, 
expreſſed in it, to make it aſfoctual: id thoſe; by · viq us, 
or motives, .which max : influence: $he; granter, 
and even determine him to make: the proviſion greater 
er leſſer. The Lords found dhe bond of pnoviſian, by 
the Ducheſs to the Karl tof Delorain, muſt ĩesputen at 
leaſt, ro tanto, iu ſatisfadiĩtm of the claima fot which 
the ducheſs, in virtue. oi the ad reſciffory, night be ac- 
countable tothe Earb,as executorits; his father. 7. Dec. 
1723, Delotain : Un g ll e 1543 l 6 
vu! AL ADY's:jainture,nbeing: reduced by: accreditor, 
who had inhibited:befoce her contra f . 
marriage, niich ſhes chere aſtarꝭ iclainingd : Nenumciai ion 
„ terce as if aſhe ohad. man; cbeeniprar , grivetediigpon 
vided at all; the Lords refuled this, be- n ſup · 
'aaule,; that hfvinglonoe ſpundecꝭ tu her tian. we 
| | 9 con ; 


TELSESISELEP 


EE 


, 


296; 11 8 LTE® S Ie 


conrpdook enireiages Andorenquaced Nl e- 
Een; — Selſeb thy pus Cad 


bal. 207 boisfiofts awe) non when i 
ee pri hom 


1 
anbas 1 -heqther's. Japgds, in „ the 
olle 18 eee ond. qbjjged jay, 
- gremiedinpen,.. (s to. pargeuneumbrances. affeQing gy; 
eee aadethis. as expreſſed, nw the de 


3 keene the view, andi 
A difaps : off contemplation: of. papers +6: the rag 
— ui f tbe, eſlate an after his brother 
death, being charged by the veliä, pes 


tiates the}. de 
fame? his Atibeatien,, e 

re Torge fagay this-reatgn. of, foſpeals 
. erer mas ang expired, 
ling againſt the deve 


d nUnpaifl at we time; at fuþs 
ſeribng that ratzfigetian,, which, would ook 
carryAwap the eſtgtg, from the: : heir efryailale, o tl 

he could Wet enter 3 and. 
implied. & condition, in, e ee 
5 ee eee cer een 
writ, t e er den, 
ſatiehe de at, t 148 ratificafians Fougt. 
pt kl 28. Qecr HP: Home, | March 4685, Lan- 


L. r ing bis treaty. af * 

ae and, hig 1 tia 4 22 . 
1 77 ſor tw . 

| then declaring | - SIXT died before bs ay 
nation. to e c 

— Aeraim 90h ham, ail ſhe ſhe was Re 


_ to ee —— ops, aud having died, wabow 


conſnmiy ,of the- 2 — 6 or aſſignation 
the Lords foun — ſhe: had wre to the bond 
bur- as to the xi 155 — eee de e 


ſame, as dad ee dase bits gave her 
right thereto. Faunt.. 4. June 169% Deans. +41 
poſt. in the King's gifs, being}. ſald,, ſa as tha preſent, 
poſſeſſor was - to., officiate \biltrthe, next germ aud the 
demit in the, hnyer's favor without, being bound 407 
procure. him. a new g Hin N and. che ſellen 22 
latle before. thay germ, ſo that the; buyer hadjnet tm: 
. his intereſt, a gurt, but was adorns 1 


— 


[MP LTEDVOUNGTTION.! 87 


I 


2 


hers We L. erdi da2avpfotet” for repetifiviPoBgaes 
b — which 2d thofanes; HHRTNONE chaſes > 


puid ed 
jta, caufa non ſecuta, 1 the Alle reflrk fe 
atives, but 


: # 
22 » = 


vec the p aefk3/ovr bike 
60, for thei expetice' of his Ton ts London, in 
ontemplation, und —— tür dargatn chunt 
orm to L. g. pr V. B. in We Cu, def, dei . Fount:; ". 
„ Dec. 1686, "Davidſon; A bend ante tothe 
feaſurer, by an apparent heir düring his father's - 
ickoeſs, for compoſition'of His tiateiage; tho the mar- 
age fell not, 2 Tecon deſeed, ver the | 
bond was ſuſtained! * —— e „Arnot. 
THE Marquis of Mon: having g +7 cob a 1 
or 800 merks year ly, to Lady Jean 18 | 
liter, bearing te be for- her Abitbenr, And eee, 
ſobſiltence] and Lady Jedif' Having Affer- " provifien, 
yards, th eee Fate MAF-" will it alt, 
zuis, ſon ''to'* the pee Le 0 he Ihe er- 
eerly penſiott of wo rer bomies fo" 
the Lug. the nd — a * 01 
cal for the” be 'rherks ;* dur; ,* 15 Ber M 
death, ſhe legated Lr 8 . 2 os 
Lidy Gray; Sith hom aycd; an, 3 
_ to the p ian rr he ad attended her eleven 
cars; whiek'leparbrs fatd IT" Earl. Alled 

for the defender, That the teſtator der a'ſufficient 
fund of alitnent; by the E. co pen impulfive” 
cauſe'of the bond ceaſed, eſpecially” Agde that 
the penſion was procured by the 1 der's' father. 


The Lords decerned, becadſe tho“ the Himent was the 
I ae 6f the _ ir-8i4'ngt" ac to Ln. ef 
eftuat By —— f le | 
Hare: (Alinent) 4 . Jag e —— 47 TJ bogs | 
THE Borde 7 A bone belrisg e eres 
reed money ahchre neunen — T5 
tions in we chend 5 was grant- Dn 1 * 
ei: for the ĩ ere of 1 diHfrslL, and the” tau falſe." 
debtor offered tb prove That the fame 4 
ws not efeAvn)! y cab bile che ſore oke out after c 
panting the bond, orig thi ever, thro” the'igno- 
rance ed Reba 6, Ant- religo hr was a phy- 
er FDF Det!YJof} Froneyp35-7! £7 9 3 
0 ne 


rere ern 


IMT 8 WET 0 1225 
the ſ ſix hu 2 0 4 werks, with p ena] | 
ne mo after 188 tate e ine? CET og 
er hand, Jokb Toung ver y. to Ggor 
bung his fon“ che ſth of goo fterks, "at. che fig bas 
Whitſunday 1947,, With Penalty and annualrent, -afs 
r the term of payment. In purfaance o this 9 
eorge Maſon took the chi A e, WIG $I 
was three years of Fay: oj he fat ag 
ho had thus got free © 7 eng” wilt 
> conſider the Bebe an Pra e dae 
e child, as a purg debt, me vp We 10 confirm 
on, aud conveyed the ell, in 'ſeew; 
ty of a debt due by Ritt t Fell bon 0e $ exp utors, 
ter his death, 1 8 Jin a prot aint George 
Iaſon, for payin the Tail Tons of fix hundred 
jerks; provided Vyr bim, in the faid gontract, to the 
fant. the ferm of n big tv ome. The de- 


ace Was, That this 2 Being 4 . ſettled t 
fender upon his infant ec 5 oft, 


==> > FEMMEEESESS 


the 
had 


hen he fhauld arrive at the age of e teri 
ayment is that day When the chil 15 rr 
d the ag 26 of ele, but that this'ter did e: 
. and Tis cang6t exiſt; aud ther fore $ '# fu 
annot be demande befork the term of pay Jay th 
um in queſtion can never be demanded. The Lord 
lehies Ordinary repelled the defence, for this reaſon, 
hat the ſum was made payable at a; day certain, viz. 
he term of Whitſunday 17 47; and his Lorꝗdſhip took 
he maxim ſtrictly, That dien incettus pro cpnditione ba- 
etur, non dies cent. "The defender, in ſtating bis caſe 
o the Court, obſerved, that it reſolves ito the follow- 
Z queſtion; When a gratuitous, proviſion't N 5 
n dab, payable at the age of fitteeh, Which ig 
o infer the condition of the child's arriving hes þ hag 
rhethzr the addition of the t tihe ben be child will be | 
deen, does alter the nature of 'the legacy vv or donati- 
dn, ſo as, inſtead of u Ct ditions A 0 make it a pure 
obligation? or Whether, by by this add ww Aga gra 
be iatended than to alc ot child's | 
127 the * * 


quently, che term 


would be exiſting at that Lo ar, | ' purpoſe, 
ry 8 che | le- 
| | 90 Wy aker, Yi a PO A N the, 


SERRA SSaIRSEEEESEETLSSIEZESDS SEES 


ch fen 


3 


242 TI LIE DO@OKDIANH. 
and the vie v of the partiet, Alf Seh fpænk in n 
5 of the defender? In generaf, The Mnamtg a te 

r payment. muſt either be Mit a view t6 the H 
to qualify the obligation; of with # die W to the of 
gor, to give hint time ti prepare tlie money, The c 
cumſtances of the prefemt cafe will not admit the Ru- 
conſſrbstibn, fbr one year was as good for chat end 
fixteen ; nor cbuld it be With a New te ſave inter 
that the payment was deferred to 4 diſtant Vine, fot 
the aliment, tlotheing,” and education of the elt 
muſt have far exceeded the interbſt. 'Now; If it wy 
not to give time for preparing the money, that the pay 

ment was deferred to ſo diſtant a term, it could noth 
done with any- other view; than to qualify the oblig 
tion, ſo as that it ſhould only be payable, in caſe the 
child, arriving at the age of ſixteen, might have of, 
for the money. The ſame coneluſion may be drin 
from a different medium in law. Lord Stair, /iþ: z. fl. 
1. 52. lays down the following doctrine: * Perſouil 
rights, and obligations, are ſometimes incommtii 
cable, and not aſſignable or taafmiffbbe, either d 

'64 reaſon of the matter, ſuch as moſt conjugat aud pi 
© rental obligations; or where there is a ſingular col. 
% fderation of the perſons, as in commiſſions, truſts, ot 
% Yea, generally, all obligations are intranſmiſbbie 
«© upon either part directly, without conſent of thts 
ther party, which is clear, upon the part of the 
« debtor, who cannot, without conſent of the credits, 
e liberate himſelf, and delegate: his obligation po 
n another; neither can a creditor force'his'debtor ts 

* become debtor to another, unleſs he confſent,'s, 
« when he becomes obliged to pay to the'treditdr, « 
to his aflignees.” Anf our author goes on with db 

ſeerving, that, to make obligations more uſeful, culto 
has introduced an indirect manner of trauſmiſf on, Vi 

procuratory in rem nam. In England, to this day, U 

debtor is not bound to pay to un aſſignee. In bur fa 
practice, an aſſigna ian, with reſpect to deeds for 2. 

vable'confideration, has obtained the force ànd 8 

of ceſio/in jurt ; and-if ſuch a deed be {6'commplerehy : 

ſignable, there can be tio doubt of'its deſrendin io 
heirs; but ſtill, there are many obligations ſo per 


ble to heirs and 2. | 
nees; it is the e that —— who purchalgs 
te ane e forth 


Y ſport the extenſion: none ſuch can 


EDSSST HS S San ASS EISESED ESTES SED SES TSS 7 


uk *1,3:1; 8907) 
« 4. der e F : 
| 1 . 4365 779 5 ell, 


APL CONDITION 243 

n , 25.008 e or. aſugnegs. hn 
he preſent caſe, the ſum ueſtion is payable to | 
George. Nowngy Fae the nfo, at. the, te. ft bo . * he 
ſhall arrive to. the fa 1 9 75 itfunda 
1747, without, th je 3 irs — 
ſignees ; the, gueſtion is, Wh e es either 

heir, or an 40 f laim, ſigce the obl gant has 
not conſented. 30. Pay to either? It is very true, 

the apligee had ſurviyeg che term of aan. e 4 
ligation. muſt have tranſmitted, becauſe the obligor 
ought io pay at that term, and the, heir mult not 

by his delay; but when; he has been guilty of no delay, 
vpon what medium is he liable to the purſuers, wh 

be only, promiſed. to pay; perſanally, to his grandſon 
His opligation was dene dhe power 


LE 


of giving it . on any FORE dizign, and in an; terms he 
thought, fit. 


bligations, for a valyable conſideration, 


it is true, are always wende 


Argaſon. it dann to be 
regulated by his Mey en Fer ee 5 but. (te ce oder an 
ohligatiqn proceed from. e oft e debtox, it 
ought never 10. be exten (>> | 7 of the 
deed, unleſs ſtrong circumſ nces ec ed to 

p 15 5 Peel of the 
preſent cafe ; on the contrary,; e ry... eire ance 
ſpeaks aloud, that there 1 Ia 4 15755 We cyond 
the letter of the deed. - e bp © fonnderion of the i nl 


terlocutor complained, of obligption alter 

been, created the eee 6, de 4h 4. for o- 

on be 89.0. 11 0 bee 
5 4n Ng mi have 

5 ph 1 5 h 7 05 | rt 
TR e 

5 re the Kona 88 as and 

a, b 5 6 e ee 


ure gh 5, to. hay — 7 — tech tr⸗ n ble 10 
leeren "Tres, eee er 
ah, ilaie YE dem. 
fb. 15 82405 1; 
N. havy $506 ;& 5 nion Lig 


ſon, . 


3 


, i 
* 
1 a 
bs . 
„ 
4.4 
44 
148 
PI » 
oy 
F, 


— 
*. ee 
K * 


2 r 


IMPLIED: 1658 % A En 


ber 75 3nd declared. the 9 


ſono high a. pee of revocgliemo bn br 
tha payment pb er Bain ſumn⁰⁰ —— * K 
firſt term 1 deatk, this pboviſion m 


found my ed hy-therpredeceate of the grund fon; k 
we val. mes Girton, Now. 171787. U (hi; Ve 
PROVISI to da z cnttacof b. 


5 9 wereifound tai be due gt the ddffolmtipn veg 
marriage; tho not payable. _— e | 
Col. v. II. p.195 Megdopell, IJ unec ad. 118. 
-CONDITIO 1 fine: liberis Hecefferit doth. wot 4 
place where the father has kngwn of his children, 
out making eee eee Fac. Cob) v. A. pe 1, 
Vule, Dec. 20. 1758. b e eee 
A LEGAQCY' does not all by Ihe W 
legatee, where it is \bequeathed to, heirs, exenutots, 
7 8 Eaer Col. w., 1¹ P. Werte Inglis;,; June 


1760. K Ln Hs r b de 
Ev AN addifional rovifion! to o daughter; See e pe 
mol e of the granter?s bedy, does not take plage, i of 
e beforę the hei 2 from Face" Col. II. Pi E 
M*Culloch; | Dec. 18. 76. IR E le. 
* U SE S, ben wnderfleod contends | Fe 
mutual. A e voy *. q- . 18 of 
N. 557 04s Y #7] A Nd in 


+ 4 at 


| 4 k 

27 EN MF. 1 I A 71 1 N. ok 0 

5 3338 wa 944) top NET cen | in 
1 1 15 A, ; ſuperior: is u fv 

417 1 . derſtggg to paſs: —.— ge th 
perior, by re- the if, aften in curr incurring th Ju 


ceiving caſu» ;. _ were e =o 

alticr of ſupes * queſfion.. B | 3 

rigrity, V 7 A 

imply a diſ. 4588 ing. c 
ge of any A ſppęrior of 

wo . the zhe gift; of his & 


ere 


mails a di duties ſince ale 

It was zeuge I That e had Lee 1 -duty tj 

19 8 ye dure ain dera en and thergby, bf 
x 2 


7 


* tf pr 
- - 


"ly, — 
— — — 


50 
IT, 
* 


15 © SAI DS. 


2 DU NC ATN ys 


citiy paſs from che declaratur. The ureceptit the feu. 
duty was found relevant odly for cheſe yoavs for Which 
it was received. Stair, 6. June 1666, Cuffs. — A 
ſuperior. obtaining deeree of lmuprobauden zguinſt R 
vaſſals, and receiving the feu · duty of that ſame yead, 
by a diſeharge poſterior to the decres; the Lords 
found, That the decree needed not be reduced, as be- 
ing thereby: Ampliuiter paſſed from. Gdsf. 6. June 1691, 
Steel ——The Lords found, That a ſubject · ſuperior, 
accepting feu - duties, after he knew hat a recognition 
vas incurred; was @ paſſing from that oaſualty; tho' it 
was alledged from Craig de'feudir, That argumentum's: 
fori: factura ad recognitionem was good; and that the 
taking feu-duties from a traitor would not infer a re- 
mitting the forfeiture; e#go,/ the ſame” ia recognition; 
Fount. ' 16. Dec. 1687, Wilſon, —— Their Lordſhips' 
decerned in a recognition, notwithſtanding that the ſu- 
perior, after it was incurred, and he knew it, aceepted 
of the feu · duties, and other caſualties, which was 41 
ledged a paſſing from the recognition, and acknew- 
ledging that the defender ſtill continued his baffaln 
Fount. 14. Jam 4696, Carnwath.— In a declatftor 
of recognition of a feu, the Lords ſuſtained a defenee 
in theſe terms. That fince the recognition fell, the ſu- 
perior himſelf, or his factors by his order, had accept - 
ed the feu - duty from a fingular ſuceeſſor, whom he. 
new not to be entered by himſelf, which inferred his 
conſequential knowledge of the recognition its being 
incurred. Fount. 17. Feb. 1697, Cockburn. — The 
ſuperior, receiving any part of the feu - duty, cannot 
thereafter redtee '2b non /olutum ennsnem. Balf. 28. 
July 1553. Biſhop bf Dumbl ain. 
IT was found, Phat the ſuperior% 886 of clare 
eorflat, given to the feuer, Wis 2 diſ- 5 
charge of bygone feu · duties. Hadd,' Granting a 
5 Feb. 1612, Wedderburn — precept of” 
ound, That à preeept of fare ron- clare, Vit 
r given; without any reſervation, by © imply u dif- 
Ffuperior to his vaſfal, whereupon he charge of am 
was infeft, purged not ouhy bygone feu - caſualty of 
Mties, and the entry, but alſo-ward® "/uperiority ? 
ities intromitted with by the vaffal bee 
eg X 0 


.——— © id 


adloBHANDAMGCILATION! 244. 


hare been dong lam her- nd, ſeceing nher moto 
Wccptation was equiralant; but hermt was alſo found: | 
neceſſary, chat che deſenders- ſbould alledgs, Tha. 
the aforeſaid ſervice, done by them to her, Mππνn part 
of the olgd.datyacenſtomed; to her paid fog the. | 08 5 
Dur. 12. July: 36263:cKilhirvigg——— Bbc like; "Bal * 
(Removing) 3. June 1549. Blairquhan. Balf. (Rem 
izg} 20. Janes $0, ; Wallaceiw—— But, if thek fer vide 
done be ndt contained in the | tack; lit will make. nd ex” 
ception againſt removing. Balf. { Remening). d, Jan. 
1563, Boyd. Half, ({Remonyag)'p, Nby. 1569, Stewart... 
—— The ſame holds, tho' there de à detree of re mor 
ing. Colv. 21. Jam 579, Lindſny. The maſter of 
the ground, ho receives cudichs yearly. from bis te- 
nants, whether it be meat aud drink, or theſe convert - 
ed into money, cunnot remove them, if the cudich be 
given after warning, tho! it be no duty of the ground, 
but mere benovolenee.-- Coly,' Marrh 158 . Gray? 


. 


wap 
— 


—— In a removing, the defender founding oh a, tack 
of lands, for ieh tho* reduced, yet, 3 
ing he had paid taxation, for eee and 
at her command and directien; the Lords ſound this 
not relevant, unleſa ſt ws alledged, Tffat he bad paid 
it as a part ofthe tack-duty,” becauſe! otherwiſe, if he 
had not been obliged to do it, it could not prejudge 
the purſuer, altho'- ſhe had defired him any more than 
if ſde had deſired any ſtranget to do it. Pur. Spot:? 
(Removing) 5. March 1629, Borthwick. In a remoys 
ing, the, Lords found, That a receipt of the Whitſun- 
day's, mails, (at} which term. the, warning was given) = 
and of the terms of the crop fown and. growing att 
time of the warning. n 2 
but only in caſe it be for. he farm. of a ſubſe quent crop.” 
Hdd. March 193% Spynie. Service done by 
the tenant, after the warning, and before the term uf 
removing, was foung- nov to invalidate the warning. 
Hadd. 14. March "1644, Hairkaprs—A>vottary 
receiving of mails and duties, aften a degree of ;remoy= 
ing. is underſtood, to be a paſſing from: it, if it be reng 
that fell due: after the term of femoving . but if the 
walter fuffer the tenant to remain for angther term, he 
day ſve ſor: mails and duties, withouriprejudice of hie 


decree-- 


248 IMPLYBD D190 HARGSE 


deoree of removing for if a tenant will ualawflty d. 


fain poſſeſſion, both remedtes ought. to be compete 
the ane without 
Mann HER „ Ne e t 5257 e $4454 . 
+ ACCEPTING. of a tack, ſonnd coul 


Accepting a away away infeftarent formerly proceeding 


tackimplicsa from the facie author. + Spot (Ret 


Z ew 22 Nor. 143. | Cuniagham.; —* 


A. Hadd. 23. Jan. 461, Philo 


ACCEPTING! * rack for 1 
A de ro e "Rat 


Arcpting | a oe Tiend: Feb 163 0, inifter 
new tack, newtoun.- The Ang A 
bow far it,  prejudges nat the tenant of a 1; 
implies a re- of à rental which he had befofe, 
nunciation of they are compatible, unleſs they dj iffer n 


a r farmer. e 6. E. . grafſums, 1 8 fore 


N vices, &c, Mait. 18. Dec. 156, Sinclar, 
Found, That an beęritor, having a 1 of tithes, 
and taking a new tack from. a new titular 
ing thereof, may tntn to. bis beſt tack, elpecial] 19 5 
never 7 J, payment of the duty in 1 
Gosf. 24. June 1669, Jeffray.——Taking a ri 2 17 
ſecond tack from a, 12 party, infers hot a 755 
from the former, unleſs the poſterior rack h 
5 N and 25 55 705 ſc 


e a different e and 75 1s 1000 
to import a paſſing from, and an innovation. of t | ſor⸗ 
mer; tho', in the ſecond tack, the.for $.Cxpſ 

= 9 8 was un er ſte 


: © TB0' the i char 15755 
Conventional. ven BO) penaity, tha 
penalty ex- poind i N ins Shah 6h doub le the 
cludes not RR” 1 * fals payment at Hey times f 
legal penalty. Kent vet that. does. not, gxchade the 

al penalty ugon the a0 a parliament 
on Anh. Gandhi 20. Feb · 1633. Teng 


without prejudice of the other; Goof, a4. 


— 9 6 40 * 2 


ent 5 one 
de ig all „Tü one oft 

1 incurred the irritancy: the Lords found 

une ſabe par gerd, zn fo F A nſtebbtbe ae 
ing — UNE , 5 I_ 
bogs by athsfetit ghiih cb tier: me e and 
bee dae 5 accepts: m as (ape of” t 08 
HA 75 e W Dee. 16135 Cu 

k | 5 dhe regeivit of du! 
x | the te 0 Og . Fes ed, 
17 8 7 th "Fai 15 That the maſter 
& new that the rentalle 8 
5 77 AN Fae Mi Go „ ee 
1 2 "tho 5 


are de 
for oge jo 1 5 ung, a 


4 precedin 1 Ir ts ee 
1 if . 5 19 


1285 e 7 8 


e | 

* ding From s D Yap! nly trip uted pri tahts, 

7 deten 25 1 Di Bo gag redo 1628, Blan- 

o Wen lhe of e Lords” wund, Mrs 

4 the _ 1 2 peck 97 0 0 1 1d 4 wf of ſt 
Wick wal 45 of the old dug. ' was fuffletent vo rate 

ay an int itigh. Hope, (Tft) 0. Joiyd ter. 

1 Balfbur, Ge. e 

od " AREVERSER bein g charged after a fegoi 

wy the wadſet fam dſed eaſt vie,” be 

Ee, ſolpended the terters,” berauſe tit Regen, = 

5 wadſetter had cbntinued after — 1 d or premonith 

erw, to poſſet eat "ip the gras, e, en bie un 


. 5 be T 


Fr whereby thelf x 95 eee 1 
fe he Had tacitty 10 fen 5 {ro N 
Ia this, oo 8 n br” W by 
* r For we —— y bis Cate face W 
p* 5 52. Foie fn. GA 4%. — Lau NOR 
a icke 9120 eee, de, ee. 
Ie 3 — op 191 er e orb 
113 entre) e 


ihe 


x 


ind HD N G 21 


1 4669, Münder aueh dee, ig war. 
„dein 8 knie ne Uf Alf fuchs Al 
ane ach d 08 Aud” before: br during the 
urriage ;*the Vords bund; TRat e Seold not both 
__ is liferent,” and the property of the third gf the 
neee the Hci 5 27 e whole, is ihcon- 
e the pro pff ; but ſeeing, of 
—— * 3 e weed forms 
goods, they wind, "thi hs toHlF not claim the 
ent ef the other t "except the ſums bear- 
i 15 ; wnuslregt, "Whertof rhe Jaw Rives her nid ſhare, o- 
er which her provifion' of Tiferent war ſuſtained}; not- 
withſtanding of her drawing a third of thoſe goods that 
vere ſimply moveable. 'Stajr, Die 2. Feb. 1677, Holme. 
A hffrent proviſion” tb à wife in her contract of 
marriage, beſpg a) Aadebkpehr, 8 s found not to ex- 
clade a tere of the ſame lands: but the Lords would 
allow it only out of the ſurplus of the rent of the lands 
more than the annualrenr. Star, 25. Jan. 1681, Mo- 
ren. See act 10, part.” 168 1. 
＋ THE King's confirmation of a baſe infeftment, free 
ot from the ordinar caſualties of ſupe⸗ Confirm Py 
og bority, falling by the ſabje& ſuperior, a baſe 5 _ 
ch as ward. Hope, (Ward Confma- 2 , Ah 
os Mir) 1. july 1629, Cathcart, ——The aim" for 
ire, where ibs ſapefior was taken con- e I, 
cer to a baſe infeftment of e 2 : — 
Hare, (Ward and Marriage) Jan. 16 | 0 rae 
Queenſberry ; —EXcept fens, ich art fe N ; 
cure igainſt the bs; if granted with ebe of the 
1 8 ak . of _— 12. 5” jon 85 4 TY Wich 
r ne, 1. 1 n Az t W 
lee Pew," | Po Bod Win 
"A WADSET bein og mts to be held, 2 me f d; 
ne, containing 4 bade der to the reverer, "the Dio ; 


+} £ 


— 
Wn. 
I 


SZ SSD: 


| 


DESDE 


equivalent” to Ts Arereſt of the thoney ; the K. 
tonfirmarion of che Alfer, was found Hot tofechrg the 
hick-tack, 'in'prejudfce'of the” 1 er arsſe upon 
the wadſetter's Jufh: "Hare, TN) reg. 70885 
Lord Chancefl6p? ” Ys 24+ w 4 1) ON 41% 


CONFIRMATION! beende io? th Gperior. 01 o bs 


who 10 (0574/0 Ty 2910 


1125 


Aare 


Arten, 


* 


» 8 D 


=> B 


—— Ms 
+ Lhe |: with. regard ta t fir mati 
7 baſe infeftment; Forb. 18. Fonnt. 7. Foe Lara 
97 Ter. it had. been fangd, That the King, by WW.or 


3-3-1 
32 © 2 


— rming an a ng, was barr'd.from-the:4i do f 
eleheat already lien... 1 Spot. (E/cheas):26. Noy.6u 4 
Con lter. And that his conſanting to awadite, gran Wiſh cc 


by his: vaſſal, did im oy a renunciation of tis vaſlal re 
lifeveiit-eſcheat- - qu wadſet. ern, 19. nv. 26% 
Sept r tA TEEPIS, £45 he « 
| THE-Kingis/canfirwation of ee irt. al. le ort 
| ' vardrlands,gravted. by the v eue ith 
Serwres from N erior ;recognirions,; but api: 
recognition, againſt t already incurred; ence 
tho? were laſt cannot be done withom A Novedany, 
dee Stair, 6. . Febe 1653, Hanon. -l 
e e contracy fannd, vis. That a conHͤi,bif | 
on, after the major part is alienated e 
giſt, Coed tele  conhemit>: opp e, 
— Feb; 1612, Ras, Falc. 23. Feh. 266 3, His jeſiyr | 18 
advocate. The like * liese (Recognition) Valid 
Dundee. And that E cuprenetgy het 
is of a baſe or public infeſtment.. %⁹½mm VR be 
Ane made by — conſirmed by 
„„the, ſoperior, before recagoition be u 
If, a boſe right curneds:is not only ſafe. from-recogn WP» © 
conſir med. can tion, hut cannot be brought un, e 
be brought in . wh, after. alianations m inſar recoi ede 
computo, by tion : bu where dhe, ming pant ih r. 
, , MO - nangd, Abs. -ofirapy. ole 


— — rec | — 8 
alieng Kody pax" Wy. nt 58 not extend AQ the Pay 15 thy. 
224% nr pate — 5 | Fs 


ata oboe ee e 29985 26 e * 
= ” 5 5 


e 


&LENTAOIHT ION. 255 


684, Hie ye vvcans-The dike ; Hare. (Ne- 
gaition) V 'Dendee»: - i r 
AS a base eigne centirmed, cnanot, by che ſoperior. 
de brought in cempats with After alieun · AL te Gu 
ions to infer recognition F ſo neither can | 
1: be brought u compute: by the vailal, 
vith the part of the fee that remains u 
. iſpoſed to make up the major half, and 
hereby to avoid recognition; for the ſave from re- 
ords found; That baſe rights capfirmed, W = 
jo ſubduce from. che rental of the bare 
j. and, in a queſtion. of reroꝑnition, are a0 more t 
ä confidere: than if they had * — 8 W Lander 
nrony. - Hare. { Recognition) y 1687, er 
lale— Bur, —— inclined to be of opinion, That 
he duty nine in theſe baſe charters. and the real 
'orth of the ſuperiority, was a ſubject that remained 
* the diſponer, and might be brought, in compute, to 
ke up the major half not Siſpoled- of. Hare. hs 
ae March 1683, Hay: > 
CONF RMATION- a baſe * Publioinfeſt= 
[| fave from recognition vi hoc * "ment of the ' 
vw by the confirmation or, if a"parti- whole land, 
ar part of the: barony de diſponed, to q, wot fave 
de holden- of the: ſuperier n charter of fromrecognts 
refgnation, or confittnation, will allo ien, if the * 
ſve that part from recognition; but 3 ' infeſt-* 
here the whole ward«lands are difpotied ments, gran. 
o be holden of the ſuperior; a charter of od by the pur + 
rape confirmation will have no chaſer and 
+10 ſave from recognition, 'becanfſe 61. author, 
thereby; than to re- extend abou?” 
er one vaſſal in place of another, ſab- the e n 
ſeed to the ſume- burdens} and to the 
grounds of :ehallenge;} that lay againſt who hw 
als and therefore; in this cafe, the deeds of the au- 
thor e ef the ſingulat᷑ ſue· 
lar to infer { | 


YELLS IM 


XL 88 


285 EPERESESE SERSSD®. 


* 
= 


* 18 — 5 Mn 
4 PURCHASER. of -a\ pf burony. holding 
vad. being iafeft upon @ charter of refignation, which 
Vor. Th Y imports 


"FF STSISELESESS > 


rte ggg g 


i eee! 

h 1683, Hay,— ot 
cogtiition, | „ will not ſave 
nw 5 Mer an the charter — 
0 "wheres the ma jer part was a | 
4 bY 1 Ae 11 A ag! 1 e HY 
ecognition) F F 83, Inte: 
And as to baſe pron hy. 2 by the © relignsr after th 
ſignation, before the ſame is gompleted by infeſtmen 
the Lords found, That ſuch rights, granted by guts. 
ſcxibing of the charter, in the caſe of private gi 
and before obey of the great ſeal, whepe, the N 
is ſuperior, of t9 be 25 in Wee to iger eco 
nition of the lands refign ithFanding of the js 
—— RAP h differe; bett 


he Li 1 an 
the lag or har the Kin 
fe the 11 17 5 
5 is N e 
EY Co Fl 
4 r OF 


7 * 1 


1252 


* 1 . * 
e 0 


py pu 

Faltin 0 ial 48, 460 Wi 
cannet * - the Wg Baff ß infer- ra: . 
brought, in Joſs infeſtments ; bocands, there geg 


* 
| inf 
e 


e inkeftwent TY "gal 


t 


88 


* 
— 


N 
class ut . 1 1 85 a; er OO: 
2 rown, are fully Cas to 
"bc eing has to tl « froperty by id _ n hb 
7 orſeiture, rec ition, Ge. but not to /ecures an 
"Hoy caſualty of iority, not rea ' gainſ} all 
4 ut n property, exec} 155 pure ta the 
wg are partic' 1 5 ere pr 
. found not to eder 1 7 EZ 
one non- entries. Hag, 13 
U. oth W — x6 i T 
$ caſualty 
| . NN 28 e 1 "ES, 90 
t ta 
by: 0 bygan 12 
.der 688. Magi . 
N pat 


on eee HAN be terre; per 
2 ane ſenslantur, guar 2 ben 2 emne bene 
ien cjuldem nnn in perpe mu Fenuneiomur ©: enn, 
n, was fonad to impory,a diſcharge of - the. bygone 


aſualtics of ward. Forb, 12. Feb, 171 : 
AS a nov 22 A 10 0 ja: 8 


dy verde 
| 1 > weg 
7 e 1 


ba moſs, 3 


ah n TBD DIS Q WARIG = 


opat; the ons tfuſtainednbe)abfires) teig / & Jay 
L668, Farbaaqu flilni bn 456.40 4125074, 4 380. aux 
14% d AFD conrfeur:w- 2unbueaky 
Conſont to. 11 mira of dai f Wer iYangbyy 
Aiſpaſtibm m nN onlyitound:tolimpors hart ountietu'y 
ali. the aaringe, not to che olivyſe n 
amigo 1 minhte diſpooibg.theefare Arith ours 
ountragts i» adenvation e eee lin ar hon 
1E * 2 „ ipal e 
* Jan, 167 ail 1 eit in 10131 8. is 10 331d) 
<—R DiSFOSL: ON beisg qubreclled; as after lan 
et dt bition; it man abjedged, Tha ant wi 
Gonfenter had awadiepofrketands difprutd; privy 
ani eint to th inhihitich, was chuſenteramd joins 
_ diſposer whit hz ar leet; gatvits ih 
EI. © * of CY Apſweced.. 1 
wadſet — | 
alan — "of the dum in * wadſet ; — = 
mported:-arenunviution.os!yiqu J' was umd 
| — uo ſtricted tha /vad ſte toe ce 
let lands not \diſpongd3" for that 'hin\onſert uren 
plied q nm 0tepagnantts; which, was \(ſuttaihedd..\S168, 
le ad631-Bopd.c! 2s ol Hell af: to. noiß n 
entdater 


py 292 
74 2 the adedeafe's>/dubimh 
ii farms: do the 1 


25 a 3 the uoceprance.of che qe. 
SITE 


nation was found to bar the uni 


ward, be 


cbaſiih di 1 * 


0 do exact diligence. 
Miligence- 2201008 Hog, bass 4 as; on Vat 4 * 


-{RRPENOE anbiiboxttond. afar dah 
0 M 1.922 ˙— eee pri, by & 
Expo ae, rating hieudberec, tip under od to 
ered . ———— what is co 
. 

eu! - 2 8 
de. e e 
for 


| ang it was found 2 
wo be h f onder eee 


1 


ILM. HAU 0 8B TATION : 2g 
Pawagen® the firdcſaaunoae;cthut :the. parey cr 
give out his proceſs of new, and infilt upand ra 
Juſion. Touat. ci, e oreditorf having 2 
poyment of che principal ſumocentaineil in = vecrecy 
ithout ar n of art article for expences alſo con. 
Kincd in the degree; ſchis was found: to indy n diſe 
of: the expensds. 3 Fougt. n gu janc 17 tog Hutton 
Abe ao written factory ha. 
9 with. his conſtituent; aud taken a diſ- 
charge of his jntromiſſions,; inſiſted again&:the cormftis: 
went's neprefentatives for a, falaryc: The defence was, 
That fitting 80counts, without an article for ſalary, im- 
plied either an acknowledgment.that none was due, o 
adiſchanges if, any was, due ; the Lords — the 


deſeneat FTalc. Name, 50 Jan. ran * 
ag * ery t&s 2 g00ilsdht 3:4 597% tt bis, 


" TME DSR 10 27 


. bas z bew 203 411 onal nm dt 4/4 194 ge hun 
AY .blightianu in a contract of matriage, Phar 
a wite ud pay afun yearly. out: off hen join 
wre, ta de Hedrn male of 1thin maar rheges and de ther heiet 
nar bin aur. was 2 E 

32 of the liferent, ſo as to igoteaſe the deceg : 
bad beralldad run eafed ble bf. Sredttom, and che 
heinunale, was sfaund io dang; right to the fald ſum, 
viiheut regreſenting his Suthaf.. Fac. "Ek, vo —＋ 
4 NT Ae Ka Kiominity, Jan. 20. 1736. 


14 f 1x0 0 Lai #2201. 26%. 20!1890 


< urxrr OBI HAT IAN 


00 2596 28lh ds ob se OT N. 
5 "PARTY be bound ig inſefs another, tig Weih- 


o ganz Mana das af chdin - 
kerne nt, une h thesen Re- Di, e upon. 
. 1683. 


LETS EE 


=, 
«> 


e 5 Is 5 


l. 5e Cee ee dee, Peg Far 

Spot. ae og. | 

en Hug 
6 und. 

DT ia he .upqnabordgual dalenpences. Hag. 

{Exp 27 163860! „ 1 bas 

APART oxbcing: Hund a: bing 


* 
\ 


EELORTEDSD” Ex niSEST 


R 1 1 f 0 A KIGAPTH GK. 


19, jan. 7622, 


27 8 eee 45 9 


end 55 and the ny 
to veſign, Frm ak d 


pp ety. ig. 

en ion For! the wad- 

ſetter was found /obligod ta ſubiꝑride a proturatery 
and reſigu, having nothing to ſay again the order e 
8 ee ſuch à reſignation is naturally in- 

d in the redo a9 & neee 

quence. War elpeciali de akidering, th 7 * 
been uſual to decern fo. in all redemptions of wadſeti 
altho' they bear e e and Ns v 


objected in tha Wer 
laps,,. Tore, fri PVRS yet; 225 1 on y interp i t. 
ſome fthing, js 2 which is extraneous, and may 4 
gf. rexerſiao. Goa: +5..June 
N 8 


Aale cw a 


e 


THR 


a 3 pa 


judienion, oa . 
HA ＋ h 


wa eu 5 E N. ! 


Wande ee ee = 9 arp 

of che fr parcHaſer 4 N 

that eee ere 155 re 

1934 1 8005 "ey «$1 Kd ao T0}. 70438 1 

4 MASTER, . was 4 fur 

a0 t6/His fr — 11 Hude OR 

1 I. P. „Mitchell: A 5 1027.3 Jl, 
4 SAT EARY ib rb WY e ner 


ING is 755 —— ronald MP 4.25 Now 17 


i +© $5}. bs th: Cr nage 1 1 en 29 885 


U M Pp El 1 5 5 O W R 


„„ %% 10 260! 102! Sf [is 111 a 119999Þ * inet 5 * 5 


cheprrok, 5 Nod nee 


onen ferent?” 
1 au ſeb pon 


Leite in fee b ny ond ory 
4, l Se 
* — 
1 


LD 
2 


tond fore eo after; 4 
the brothers; by 32 Tt''t 25 
fon ſhould have "hd Ubſolit di 


Ke mereupen making Ae bod A com- 
petition atofe Berke {chit 

the Rcondifert's; — oor Fase baer Hand, with 
rcgard to the annualre 2 t ee the' eldeſt 
brother's dsGtN. 1c abbey Contra va, 
void as te the prineipaÞ ſum betend = 6 limitations 


the far was laid- under; and, 
for the arieſter Thar it be 3 
the annuahtents bechuſe 
the contructti op term men 
powef to dH of d pril 
not be effectual, implies a po 
malrents; Wich tie du 
&f, and eon 
vho had che 
thing the ffar bithſelf & 
found the ch ma 
ane of the autualeotttd 
ther the flay;t6'Be &eliual erent on tp ; fs, 
in tive abmimg, 'ddfin . 716. 
hag . ee 2097 Wann bas . 
c M- 


85 vir - 


bro- 


Ln r een SEEN SID en 


i arebe uur 
"x MP 121 8 DJ wil L 45 


fi 
2 105 g 1555 2 


, hy" 


17475 2 We 
uhy 1666, Wedderburn; * 
1 N che foi 22 the _ ane es Tix 
a male cha I iN; and 
yet eee, Nair ele a 5 Nha N j ' the 
wife en brought to a 188 ec 
Dirt. 2s: a 1686, F A 
A TESTA TUR een 
g büſtd n ridge: H 
Sounds e the" 


DEE Yi 


a8 
5 Wt terre er 

«-40,000' tothe” 
e beer” Ra ay 


pods man wp ö 55 
4 
e & vx 


Wes 
inte The I 
E · 
het proper 
entf Uf i 


— 1 del FE 
— 
be = a 


1} 307 1 ws - 


19D- 0 (YO 
| San 
U 222 r 


= 
for 


urge sro. * 


oy 2 . 4 0 
11 » 
| PRI Ml 4 Afi # 
Py Þ 
Ee + port 


76. Fees a 0 $ | 
Jec. 26. 1752 4 75% AS e 9 78 
$9 PTE re e 1 


ines Kren. A467 wy 


15 
; a tet? Ya, #1 . 7 


A hap. F445 2 18 
red pe. 4 com> 
* „ien: An,! brit 
iH: ; pay How b. Sten 


na AN impr ay - 


5 72 . 
n 


. 


* 


1 — 
1 1 — 
5 > 


— 


2 { ah Ang A 
N 
* 


E 


- 


he King ad 
Mrſhen | 


8 


ah n 42222 . 


11 . 


ponent — ys 
| n could not be ſuſtained, antes oh purer ta 
— ee bee Hh 


vt | reer -UCE — ; 5 
— . 
as heir ts his griandiash or | 


2 TEESED TEE SS EEE CS STEEELD ESE ESTES 


#3 1 1 ba 
— — 
* — — — 
exitay Hein —— nid 
nenten 1 — Nut 2 
— That hr yore grab 


. 8 
— . — 


— 2 — 


wedec beige, 
June G Metdvuns. ontAut : d 20d Þl 1172 90 
ban an — i 


82 
1. made "as 3 — . 
e fachen grandfather, dor. other þ 
—— by his: 
med Ane lands tor hig 
K It the e e, bound av p 


| . 
«xy it TO 


IE CIAL Crt. 
1 1 9 os 8 


huth 
oy 255 tu j 
ei „i Fe or, 7 2 


on 0 d 

1 a from 6560] e 7 eon 
or hkl The = 

IT Re En: op R 

ER of ll cms Foo pgs the Nite 2 5 — 

this intere b EC 921 t 

Ter Witts? nel Any MY 

plied TREES EA fe?/ 


2 K Ne or ,the 
ech 5 IRE: naar, mY FY% 

f as en e 5 ch. 
Te nen: Forer g Ik, ey c a 24 ac -* 
"Me#108; mk put Figds He hart ne au 
een t 19075 Þ ould debe Leafs A in 

eie propticte Rae Hhts oi Gal 


4 Lt ce fs Tfaſdn, e 
OY 
the Writs er on ne re 
whom the“ MSL 8 Rory An oovileo 
Wesge Front tho tetatranice, and t 
F.. th 1 oi That 11805 2 ct 2 
1 bug THT. 
{Foun 


kT ces 97 2K Pn b 40. 


1 1 
ns: N a 517 0 
Me 


And a tolbe He te 

At 50 Fluß hy . ek 
Fi phedet for, or y Abr it. 
Before thi 185 Acc Maso o 


E 1 . 


We c 
— tnf certific 


2 
bie ens, d 


. 


= 


e 25 


121 
172 


1 k'o's U AA bY - 09. 
Las de awe 2 mt 1 gene 
—— e Hemet 
Feb. pra 


A. RETQI R fp 5 


IE 
5 ; 
Without 2 ſafne,. torighi.m.an, Fs 0 
eee eee 


Dur. on Fee S dtex. 1 6 
a ou . 
tecting ellaces gv Artu mak 
died infeſt, tha! itwouldmat be fas 2 


of 


=. 7 
F «gh * 


Kh guction, the, purſper;' e 5 7 
1 085 Nh, 387, 1 
1 87081170 Ortho 5 | 5 80 
7 * 4 OY m 
Rhe. „ 2 
' | {en r. 
| chaſer i 
1 .of a th 10 EE a7 
4 author, the". 
oe WY nſefd. , It yas 9005 
not inſfeft. the 
* — | * by 
4 . 
4 zilege was competent 
a o ah para, hs His 7 100 
. e 
| ſecting the lands, ſo far as to 
* a IN 
is sr 

ih de pyrſuer? . Um 
1 Late, and, 29 P eas ps 10. Jan, 1665, 

Line, In g, ductiom andimprebation, at the inſtmee 
an adipgger., of Hi ihe glare, in was 
ok ebiecked, I hat nnn Ji Min is, s 
* 3 or gtleaſt have 4 Poor a 

Orgs objectiqn 

10 Fab. 5 pak; or 22 4150 > 


Z 2 


2868  IMPPITS MK ON HO N 
fene xſtaid ab Rabvenyg ard afudivariinb wilt thy 
od — This 22 
rbach wanmaddahe tittei s redoctiont an 
probakong callkag for allirights' aSeftin by 
Nate. The Lands found ithic pairſbetts tit Nba 
— fiſhed tolforce produdion? u yl 
.rights zen, lese Ft bor: d Balu, dor h 
E. 5bav ride Cafficwbr;quithont ln feftmeiſtʒ c 
—— bosbefton- wf AlL h flo in from Thug avthei; 

| of Antsr 7 2 ſhag | 2 

purſueri h 'odndeſoendt! upon i ,in awthen, 
and Teafonablexvidengarthirthey her his aN. 
24 fan 15939 Keith. x1 gin yas n g eg 0) 
ISCHARGES: of rexerfiens) cannot D aatied i, 
iitha;purſuer prodiage the] reverſieaui with 
—— relaſe. Hdd Del Gre One guivgn 
—n TW Het lands! araqiretebded #o-be:thibled:ton will, 
nitan has gd interaſt 16) ſue dm imppobhäld 
a0 the beritor mf sthel nalf;;of wighis land οαπ 
ing erpnoſaſ ann ſtitutiun oß chend; -vieude.' Dll 
_ $oDeco1tots o Arfttifkan, 1 100 . 2 bai 1604 
ABS ND. for-the) we of landing grafted W 
—— to 120 paroy] pd 1 
Joller/-purginglall inhibitions uſed 8 
he ſalez t faund, Fhat⸗theſifaid tr p 
Was. — — reduction And improbdiios dfint 
-bitiens'obftruRing bis pahment::; Brbau]jqm dana 
Qgilvig. God (i „zo vi tral avot aw 1 

A. PURSU ER) dnn for neduian-ndicyrols 
Sion of all xrits belonging to 1the defend dil relating w 
— zaalledged te be pars ant pertinent vH 
purſuen's prcieertgt; „id wan daund, Thnt hb muſtr in 
Brue his alledgeancasebefdre the Ide fenderthelabliged 
thdakbe;aterm tt predilee. Bair} al Hilf +669, fla}. 
ah 5 _ 1599 ä the 
Londs aſſigned a tefm ti sthaſpurſuor i pve pan 
_ pad pertinent, asd the ; team to dhe doferuler t 
ee Wespe. , Gtaiz}orgoFedi 


1 AL = Rho: dai A 2007 Te Nd bg 


52188 


Cf 


ice - £ 0 


ipredecefiorep iunteſ/ the- 


49 
im 
fer 
ge 
vr 
BY 
wt 
Le 
for 
or 
o 
ab 


* — 2 a) — TX —_—_ - LAY LEGS — 
* 


uf NO mo, 


. el 75 Wee 77225 


2 cabin ous faiged, Nh. H, 


geſcen pad tn löriz zfilſee wot N 

writs: Elec fox, St beat mn df ft 
granted ita hheꝗ defeaitiers 3 

Aich they cab not be i igen. BY | 

Lolli. Hs, Ahr 


far, grantedibñ wed; in aer offt 4 
oh York ren 4 


vr wherennte: nafligndtioh ; reervilicari- 
on Was — tou cho Boh Fenvaulz⸗ dl 


obſevce,; e en being av yracratvemedy xo bur 


the lieges againſt any right, real. or perſanz!, that may 
An. 


be; perten def zd, Brait;] Ubi! 37 J 


1075. Gnirdenzsve This geneval; clauſeuyg as! ſaites,. 


_ odbitidn, u whatgver: debe, ohnen 
og. Fo dafendec's.iprederef es which ri gert Affe 
the the lasdg had N e e N de Ttherew Mt wry 


>bcainet.,of, the iſindende, mor) aftaiuſtwinm,s 

hat judge, nor for wharealife the detroes Were 

els. Don $oMarcbti6ds Wig onl=<tl64la'tedu tion. 
robation; the Lords — do ſuſtain umfigef- 


perſon, alths!, it neither; bove, rhergrarad ofith aa i 


e ar HMeulartuvitf ua cg fry gefers 

paly; to the Bad Mags 8 ay Sr eee Hope, 5 

| Gigent), 6 Dew geld Dudtanlon Ine reduttiva 

Pans hanf. Ka teruffe cl ind purſuar's lands, 
t 


it was foun at che perſons, by whom the wyhes 
called; for} mecrwfidl 'granted, Maul d bi e6rnlleſterided 
on in ther libel that it ts. — 
gendral, that eſe wen geanit 
lzcr's;preddcefidrk,..toiforhe f 2 5 | 
fors and-authoes)}5bHatt. noon No, + 
Ally ——Thd Lordsifodnd, That, i prob 
en, the:defenger taanon tvidSlees! to ee 
writs, buy ſurh us/are(ſpetially called for; n 
certification edn paſm the general cauſe of the! 
id mprobativhs, HSM e . = 
no 3 whether the King or 5 ſub er 
Fount. 2 1 18989 te un 
e aaa af 1 wid Tii- 


lance of an heritor of _m againſt the beritor of a, 


= 


. 
— — — — 2 > . — 
= —— 0 — ** 4 
— oy . * 
; — b l — 4 I P a — — —— 5 = 
— S — — a — 4 — — be — — — 
— — — — — — 
k > 2 — _ =_ _ » — — —_ _ Say. — - — 
. - - Pane | : v . \ E — 
wo _ — — . y — bs - — "0 . * — 
8 5 232 6. 
_—_ 


rms We: 


= _— : — — — 
— N 
- - A 
— 
i — x 2 4 — 2 
Ka . 37 >=, 2 2 ee p 
. 2 + 1 4 
* 4 As . - md wet... — ——— E 
„* RIS. — 7 p 4 6% 
+ 


-. 22 + 


- 5 » * 2 — — 1 — * — ma 2 * 
1 — A — . 
. Yi b | Pg on Z 
" 


— — wi _ + v * 


1 FOE RY l 2 2 4 „ * 2 . os £ — ? 1 — 


ſt -* 4 


290x LAC IR'OABUACTAHI DON. 
mL tochiehambllxhia lan dw mee 1g net ended it ohn 
ide the A. — — generk]: veg] 
5 h iet i hare ag 1 „ 
which might import e) ip t 
vritz impbhümgalür lage. e te 
defender was nat c 12 I N 
bez wund was that, unbn presents 
em intereſt, >thedefonder ſuduld make illislohartem 
ch a tſuarl:, And! ches purſheni hadhd 
vemedy, if he inpprebanded.[chaeriah eodeerafur,quigh 
tratble hint on tler pretenaę of. ch 
que tiy i rlage, vis he might fopee chim de 
Jeane the by iatentinp a-negatory; dia and 
eclarator of ftee: Ges Dit Stor, 8, Dec. »6y S Anniſton 
> LD:was fapnd; That certibeation in an:impriobatics 
Geda . goa  uilefsebe 
Certiftotion of the ſummons, before the. enſthie ay 
cannot be prejaly: b#arocondukomcof. atapr abagin 
: althB'(there ha @rraſo; —— 
| ob . i the ſaid. diamond; Haph 
thou A AN (dmprobanihn):<ts. Jane 1624; aklemilted 
ted... | Nee ag fn ſtained fi 
mi 10 ao ee vhomok imnrobati e 
mentio DF. woe rat pars, up 
yen, l be gin er Ko ties 169), re 


E of » certification: 
rok 1 — 


G 

F compearing. Nl thete wal nt 
ait! — — 1601 Wor 

ed aan atindor; gebrti _— [7 Bun. 
aur al 


* 
4 eee 


a cer | 1 — dl f pane 
am in an in- oh Junk, x. ga\]; . 

a6. $; Was. Q ye Cie | 
22 8 n panda adli 
vdiep.and:improhations.94me, | at termin nb d 
| — radu cdi on gontainadi imthe deæoree, or ſor much 
Ubelhed ade That the dec erniturel reduces, ole 


mee, been the add nian ro 


- 


IMO RDA DMN 1 
pol „issbns imgrobation, vis. 11gudin;mpravero! The: 


rds frung ebb! cevtificuerohRotbe uh xertificaBion 
1 4 a coomon uleduftibhyonit reſþe&3b bore not ther 


2 2741x754 91 s wr; 1164 m! 1:4yim dAvider 


2A PARIS „Ain a rann oflag odd proceſs * 
iindanothev;/lfor dali debt ian 285 1 112120 
io. him qnsIdαir ferred rarourebndVhomhuh fas 


to une e Ne efl 245i 0 
ſendet in-theutrangtertnte,:havingqraiſedo? un, ol; 
ar improhatien oß hace poeef And al U,, 2 
the gronnds thereof, and 
which he quarrtHYed ad falfe and :feignedy” the Lords 
are e e ae en nin 
#erour, aithb'rh hat 
EE ty — ka 
wpredure iii nor the ds tieren. Newb. 16. Dec, 
1665; Home. 217 2102 οετνν „H % noting 
12 rgductm ound i rebätione 8 WHKHD 


third tern ire prouucipi What 
Athd! e or t. oalted 8 


Hepburn fl geh a6. pa, t]. 25. ER 
% ne 3 r action of im- 
probation, 7 mags, debern- * 2275 pour 


e alacplv' all ta ratiſy the jn. 
feſtment ':cohtyoverted ; Ahe) eteeption 1 p reduce 
bracrepelett aginſſ the p ; Hadd}.. * | 2 850 
<p hy _ C 15 1 10135, 58 ER pur 
ERTIFICA.FLONþp way> ras! (gain urs 
atb@ t 'be — N Fe 
which is a publipe er berauſti cn. In what c 
upon tim cn bel granted! ade A rn. 
ſeſtment, Foot pruned, 'uhthd' ſuſtained 1 
de had iu theregiſter df thedivefcr df = 2 
ckincery,/| mae talorei'ayainit-ebropre, nn. 
Duc. So ee ayuPob, e eee 3 
Michſdale ſceißgstior was refuſal to be pratrr} 
againſt: retauns r Ferviety' befpre the” year 1544 (at 
which time tlie re giſters we e burnt by the By gut VER 
all retoury and ag ithithe Abend 2 
faith are not in his own Mind: Dus. Spot. II 


r / /// rr / OO OR I on OD. UP. Rn 


=2 


ly 0b chat! eee 


foo) umi | Stair, (nee proififtiont - 


Shartees/ under * * — 


— 


8 


1 
i 7 
U = 
* 
1 
* 

1 8 
0 
4 6 
a. 

* = 

41 
Ft 
Wy 
* bal 
% 

, 

1 5 

« 0 
47 
* \ 
1 

* 

| 
y 

F 


n 


4 


eg g e 


225 
15 Pg 
5 A rengirds 


1 » 10 

« . CY - 1 * 57 
" * | = 9(d;1, 
7 , $3 
8 46 

ol Þ [YH ® a U 
8: vis . a 4 7 

* 

«\ 8 roy 2 
1 4 * . , . 
5 84 4 ; F,q; a * 1 4 7 

j : A. 
— * * 4 
* » — 


aff 


= EZ 


Hops res ern. 


| 5 RA, . 
- with readfd ts; 
f fol | 
ords fo! = FE 


HE ib dvilgetto pro 
duee the privieipa 5 mrentin 
e = TE Cee Kel was root 

To ED 


ton} 18; x 
3 
EE 


oi flo Ein 

3 eve LY 
5 15 fe 7 6b 

155 BE Ez _ 1 By 
SER EVE | 9 
tion _—__ Yr | Thos e 


of falftibo8#” inf, | = But 4255 | 
ſeacion'Veltng — "of 115 et re an in- 
wo court?” it _ ſij Fire 

e Fall 9 3 
dad ber” d e 
proved cb and feft ich? 

fi the rhe: rl Jn" EE 
nl 2 eh 

ella I Winſt PAS 


yoo ted. ta: 5 _ 0952 
5 162 1 [„ 
af; LE 57 os 
A 
Eee er Af capes 11 
it b ſterd d ini hey Her 
puts were given 


bud ig queſtion W 57 lan a or 


Us An At 


Ihe 2 
6ks of 


rim, contra” es l The! rs 5 | 
non produe- production of the yallals 2 be as 
ta, where the ' diſcufſed*; becauſe, yay nay bs 
42775006 7. production rakes away the bilkop's wy 
| reſt agaioft the fubvailals. Held. 
. Ras foffained, Tr 7 
17 nac ptoduced Tſulficiedr.t6 excludſ 
the Put fuer, and that; til Hig : 
affe and Taken away, there \ebuld i 
preg iron Tavern Staic, 60. Di 
5 at the inan 
e e the Lords found: Tu 
ing produced a mote eminent progmff 
ged would exclnde't n 
e 
in to thow'any 0 
5 2 0 ing) produced ſhould be 
. Dee. 1667, Lauderdale. Jn 2 ſame cauſe; i 
,ords foutid, That the defenders were not e 
Aae ee, that they would yfe no other writs thun 
which were produced ;” which, nevertheleld, might 
| Gi a7 proceſs of improbation; Dirt A 
— In and improbation of land- ri gbüe i 
oy EE hg defence, That . 5 
itle to 'exclufive | ro Tr 1 1 


N 
K 


e But, i 


| 7 5 how heat moon Ape 
Non Of. 2 . ought 00 


: 1 ff 4 gere, 
155 , eli nee 
| 6 Ns 


oy od nor Ne of 
1 25 but Lb dere 


gh e 4 
ſuffer ene 2 


FN 


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1 | which; 
"rhe 2. 11 


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7 5 As 7 900 7 * 9 4 ire 
925 7 Job ry ee nd 
dee a e e e, 
purfuer e to . 


m We a viphe he . 


bd . ᷣ . ͤ . r ih 8 DI 


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, 5 — _ = 


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Eee do 


22 e de e ab 


— oder}?! 


improve ſome of,the nj 


1 5 
— — 7 ” 


Freed Tal Nh TR 2 Ne Ar . | 
fication, was granted. 3 3 2 proc Story, bs: 


tion, 280-hie N 
granter had sachs 


8741 {1 


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»7 4 
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TOR i | 
tion. Jeu 


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Mig nig 3170 201 e 
Ao ed yok FogtainigF impro- 

4 eee 19295 24 02 
he; dhe 
ehe Ma; for 


* 


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A 7 = 0 — 4 4 * 4 1 = 8 * 2 k 2" — > * — 7 þ * - > 
1 TI — hon =" 8 - aw - 1 _ n _ 
= — U .. bs x Rn * —— 2 S 2 
— 8 - - . - - >> - 3 — 8 
* . — 2 a my N = 2 
| "a o w_ * or N r 
1 > 3 = = S - 4 PI 
= 
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wo *” 0 Dad 
* —— — — —— 


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AD 99 ping. 4 

i B13: 5 | Ee | 
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ante lis es 14 wc '$, + **. Im. 
_ —_ 5 ct, ” . * R — 3 4 2 4 Fn 


| 71 


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* the time. W 
0 . 


" Bo * UPIRAOADATH: O N. 


bfuct*oxb8 Ns gh we- eg, hesch . # 
Htz ftr WIN debe ee ben 1 
195 wk n 15. In. 16, Surher 12 75 wi 


wid wegs. ee eee 
ro | 1 Bu 2 
1 2 Mp rover quarter ones acl hom 
Ved&# 92291 no (iboihubavprog mos ns 
5 einne get the diſereads; 
par] 0 bugowild2\6t.qhe . benaficiat 
7 ie: 721th 5dr . 8 dy, 
515 a aoheb i 0 ky bas. 4oiBubs: 6 
rk Yrs nnd a Bvofaviet, bertifirit malige 
> V20.N04U schlepalehe I wrante taps 
*X@, 7 branctg eam Incapcgtantsi6), bes beg 
-7 Tn od eaibaſterti 


0J 1 75 


2511587 


*'Yeid}t' allen! fer ind arp amplaniatibad and 


ee c tif 
2 ha nor) 
9 9 thEcerfcebios e 
1 ed & // ver anfegnd; >: 
15. es Tee * Ne 
kepo ed Raga £ ce 
**atfto"xhi \irypationnads yiauced/im wen 


abaman, And ited —— 


,qa624y notyedmeM#* 
a ul DAI * of en: 
18th ße emed tic 5 


be Write ficke thavike ee, 
7 Kad fel 15 re 
ford Vt a 


on . 
*GY: onde 16 


de np den 
hege AY ene 


e A eh eee Su; 
187 Marr⸗ beet b. dener a 
dæcree of ce ian His a being 9 2 

0 


- 


1 mhU In . 


J | Par many eo 

i eien 

"7 be Tk: FB ad IF 

s WY infprobatioaoofon © 12 dr tor | 
p que bel hair 3 grautec 
deine the Affen e ef lice? tage 
a truth of cb 9 


eln 


An #ppri 
2 reduction A 


£81 
celng wy ore, e 
Sag) barer Ro Gong ae Loon} upon ne 
| plications, derithe:ſpacen . dat 
itraftecyc g A Feb 1648. 51Theohand f 
ed ri-thbet oH bf Seien 1 he exzradQ.x 
| offered wants of 4he the fan . 
Jenna . 30 
Iuris fonadgdHH N the = 
"regutariy> a 
-vcits wee. necbutby vffutad id be. 5c 


a. aK 5 


Fes, i Stents ee 
5 = ner nude e ie 
"34g * 

9 ee ee ee 

w. i. Jaby, rand 92 h 
oe by's 00 da ac eh diet 'YY 
enen che L. beds, after to 

„blen, by Nrümp pan 

dei dhe. 2 es 

or the 

je further 

bps 

* 


2 
— 
2 


* 
2 2 


2 mol 
e 


Utiors of the: purſe! 

ordatned to be kept Ts — . 

tolbooth. until * event off ra 40 297 20 . 

Laar, 26, July dee "48719 Aa 1s * 7 
2 3 


>, 
2 a 
* 
— 
. 
$24 — 
. 


1 


© i. 
3 


PP 
4 - 7 - - * = - 
— 2* > 6 2 — 
3 — ä * * "EW SES hs —— 


to abide bp tha! cxenitioin:gnydfutcberlabJhbhefnd 
| a e ee 


"4 abide by 5 bo vefibp 


0" a 


' defendetyi{nbawolisprbtadong! thogbideschyi theuetit 
. quayrilledy withothaſguality)veike i PF aottoakd 


* 


2 TMP R.O-BATION. 
1 1.49 248 as falſe;| oughtvo._ 

Aid by. by kbelſame, a 1M) 
that he nen 


ted 1 


in one paper 
; nor'Hacing; i 


. ing 


that he Men F399 fe be vba br bent 
(like & rute nνα 2 es 


1. E xb e ee, 


offered ee 2a 
by bim bah mον,ẽ1a t Beo 
ET aufen een denen Ahab ot petitor mH. 


: ra as" hein uſuiſi 
be ewednfdliced 4 n S 
vit; ; theo u te. tc 


 abideby!th 1 f F e 3 5 


HO, i in in bat ions, mx fed nf apritsg quiefiion 


2764 * i eg: 4 a ane Jer be 
Ire | 


Div; Ii 4 


Wan 2 e 
preferred, Des hands löf "One 285 
ini idhecneſig inDν 
„ crucbtiomſiand tha uſei v 
abld by tha pb /t henoof that ain pry 
en draviny, 


to whole debt fle was preferred hʒ 


obah;the Whale 


ab i 
rou@fall4 ce HG nx, hetefis fBundhiaptiabt 


Agaiüſt nnebproſen, 
unte of dae her Pari h forcing i 

e wet nd ſhoul&Sinlih\c- 
the reſt vvñtain dd ehe nνν,τνν,j,: ui Frunt-1c, 
ed RR, -T bbeHL uus zeſhſę did fljvallthe 


dee, eepr Eaton the ner” — rk 
etui a 
and duties; betwech f] ẽỹ . aafjad gens the ane 


EIT ps 


ng eres Ok thytqaas favigfied, Lam ro bob 


his F 


* bati 00 dit 67 e 
A? OP ua un grante 
7 he erp ity my to F abide 145 Fry 
G x. e ge ee e 
adde, Sinus , übel e e admit 
Us van . * ce 8585 


June 77089 


AMPROBUTEAN as; 
heres br, ſingular face r b& pEſons 
Crap dat Ip bags Sante Ghai BO — — 
;would-cnaptage ToBRi Das. Gog. wa 
| 26757 2223 ̃ Is andimpf i . 2 fy ofer 
10 4 eb Aut io ag ptte- 
frag ut of thesfarger r 


Lards. Font. 26. July ities Riepraſe ni 
Biſhdp af:Gallowray Sitte ſame time, 


ordained da 3 n laliſchur gaipenduced, 

. faplicitery\; Haney Arcdolan 485 
ing. to a bübe 155 . —— W.. — 
-foun it: a e Lor de, he. 
; vicex/allownd 52 be progingt Lyaciwhare- 
if be:farledp thay deal N wpgld puniſh hun 


/& forgets idtblealVi a dndacce eben en 
the di du ltydof then probitions > they declsrack they 
would nn ſidar aha e eee 
„Gran A defon «as ee deſpyig bond. g 
+ lifitates (wiz) Thar eee e abend che 
-reteixed it. foo ist ned — Nasgot 
allorted bind $1 dine after. the dtibod-wasrgprovenoabd 
I: found te beofidgedy therbordsq r 
| bimfals, and to w{truqh abate got the Neri 3 — 
'wiors" and engItür & 1 Sf, § Gm. 
Adiſpaſniong: n — beiog qua- 
[Telled im au; 1mprobatiae, and dhe:oraving; not ta bo 
16 e ſupp flo decauſe grantee he ſer dhe 
xias bdrngabds on {apr gy ys neon 
Anllnb chen qqnarreſlt da fal the 0 — 
[ed dle farty torabide 2 Fabse eng 
Fleemi [Thetu CID 
\F:red to/be 3mproyed, ike Aue byothlenlonds, 20r- 
dainedcti dal Wege perictie/dl/ncand was 
| not ſuffered ibablds: bylto with tbisqualiys hat he 
ound it yigg du Aeg. * s rits, 
0 bob che AC nina zezechiipn, 
3 
din pabcef £ 'P ont van gh- 
dss iv the father: one een ebe Lands 
Alone Bien jet. kit. hiding bx, hen, : 
0 Nee er ge y9ly 4% a3. A1. 


. _— _——_ CP aS TY _ C4 


2 r 1 w — 


$266 he 


— 


. an n eee, 


— 
bye 
rind 


andaffcredibiavts £dd pivieiirion, welt hlybebig e 
of any forgery aid rhaq berecoivedthakericy 
notary. .di-cred; andafratiednighe 
trod h pruteſtalion,: hs 
— 2 lt a8 
| ar q en orreftiornttince 2 ache > rw 
— —— 
| — d aai forgłufland he uit 
offe- _— ir ede Are 
"ceived 16 — na th 
dime wer abe ee e ee e 
| bro ot ene eee „ ho far ar ks 
ace ſſion ibould by proved; declared Thar; ir 
| adviſing, they would conſtter»iowfarihls bee abe 
1d ſiberare Rim ef he hrrard of fue 3 Bu 
Tous. 27. Jan. 1697, Stewart: LD dt u 


action, havin l te hi E: 
of the futfinibiig'ante the brd found H 
= whe purſuer Bor obligad Ry ie * eee A. 
| Ferit falſ inire iin che Der NY 


his Fel} ora 'F6rb! 2b, Nov." 1% yard 8 
zie. EA bond ef ueſtatidi bf: a" e in 4 fab \ 
nion, being uten en u bb” ntprovert as; Falſe; the | 

Lords found, Phat theuſer:tould onfy'be'Bound to # BY 
bige by it praise, viz. That i way truly ſe del. it 
vered to hin by the clerk of the bills, Ag bis ſervants. . 
Fount. 12. Dec. 1693. Home, March' 1684, Nic BY 
= party, ufer of a writ, challen edi in a 
and improbation, bae'which writ was not 2 e 
vimfelf was admitted to abide thereby 4 e of | ** 
That he made" uſe of ir Herring it 4 de dees, boy | 


„„ oh tact. FOTOS... 2. = wh th 7 wr ICT RT Ga NDNSTOERASDESM 


LAWPROBATYLON, 28g 
that he was motfaacefinyto any falfbogd-or: forgery 
. n 166 — er 

arge, 2ti4heuapneds urſtan ce Iv a3 10 

;debtor : \nfpendeds add raiſed — dr Bagg > Ye 

Tuat the gn mught: abide by the bendtot — 
nee declared iIhat rb id“ abi decbp ita nanheing de- 
lirezed: 4 pr rw 
of his i the- ner 8 ta produce * — 
gant e they L found he- aſſigver e o 

furthen — — & afferxet} u 1 — 
obey neat vs dardbwifitu and bad a,. 
they fou Nhat. he it gif ro hompear 
judacial i ,s νẽ/ part bf the imerabation 
-houlg be ſteſered mD hib, nfl, might 
infer the; falſho bdeqrert; noi inqlhuitt caſe he 
rapper bow he: haha, ſpduldrwe impnoged, not 
inhi $0 bing bet 3 πν,ð̃ after rig ao hazard 
thesen Ins- to. M miAnAl gart. ne acecilo- 
5» aint Ning ga Jan pH ren en- 


open Al mor Mun bepgiprapsunded,; ſt a 


1 — 97 . to 


Kanes by —_— 25 
i4-;berrq fd, 
— 
22 
e S rt neared. in his 
Hf heving ffefe e ce hM, oss ⁰οα 50 him 
aps Bec ob Ba ge del any thing 
— ER ; he rdgingd bi6Fmmediate dent to 
bal N SRH B,iand: —.— * 
mY _ N ee — 
KAP A113: 
hors el 8 
— 209; rr T 
d, te Adject Aae 89 his he tender ath 
3,bond. $ballengedrasd alfes:thatbherecerved, it blank in 
he rat ters dame, fen antes nf * ider 


1991 


o I 
_— 


. 
3 


L ” val I , — 95 6.4 5a. of 2 . 
= 1 - * * — . 
— - —2 - ＋ — — - — 32 
. 
- 4 


= 
| wt — Fioale. 2 


Aries ha Bro 


ſavibet»t0abideVy 


fothvd; har wit Son — 

by-ailp Falſhood Z, $64 10 75 
but where the ufer hub one Aiden 
ovght-nor- to. béraHL,ô- 7 


of ocal rteaVNom, wy 


1 — 


dodion j ſanded ede ai prot ced, dt 
term was — — On" defender for a 


RT. com- 


* 


22 by d —— | 


r . 


11 
* 
1 
i 
1 
. | 
K — | 1 
7 24. I. fr" ny 


— "By the 
be, gm de the ore toll. 


ng ordained t a, 
opon his repfeſe * 


2 


23 


and could not afford the money, ar dained;him.to enat 

Ar hinſelf to ſuffer NN N iſonment, ia caſe, 
3 he paper hood he found a tr. that ſo, f 
' pw ee SO Fopat.. 39»: Je 3099 

þ Jobnſton. . ff gh * Ai ant). 15 2 
1 + infer, to gk wo of. chow} 
eile by the vgrity o offstedita fs | 
q Iwproven, che ande WS: i 


= Mt 5 
ae. al 1 976 71 

be ſaine. Cots, 77 Fe Aa. 
-—Evidents, ated t he 


rds found, That — fires — 4 i competent? . 
dt de thereafter ceived. | 1 Had. 10. 
Fab, 1592, Broke Is I zz iaprobation bf an in- 


r 
= i wi" 


17 ”_ — 


Si dition, of the meſſenger and two witnefſes, there were 
„ohe, who, being examiged, approved. tha execos | 
x ns; not wighſ anding whereaL the Loyd allowed the 
N 


5 
* 1 * 5 


d 
a» > os - N 
. W. \ = 4 - 


0 
7 
f 
- 
0 
C 
\ 
* 


IN a proceſs of reduction = Fmprobariens Eran 


— _- \ 
„ ee 
—— — -4 PR 1 — _ = — 2 by. nf 
= + . = a 3 W F 
; rr ran 


_ — 
#1 
* x - 6. 


6h VMPUTAT Low T 
indirect articles orf itoprobation to be ve ted Dip 
7. July 7632, Renton In ag improbition;” the Long 
found; ' Thar ar abſblvitor p aged 28 to the dire 


manner 6f improbatioh, ers net 10 inſprove by the 
indirea:” Gosf. 7 Jan) WMatd nden 


n eee ereditot along with a ſummon of fald 
14 De. it vas found cbmpetent, for the eredicot , w 
infiſt for reductieh oi 'a tack of part of ti 
wer of -- bankrupt eſtare;"if the tenant, who in ei 
Jed ar E defeßder, Appear in the proceſs and rod 
his tack, tho? certiſſeation would not have puſſet 12 
the tack for non - produdion- Far. Col. vol?1: 5. N 
Creditors of Murray: June 13. 1 ꝶ/½ꝙfcꝓ EF 34 
IN a eriminal . proſseution gd one, fot" the * 
gery of a deed, it is not neciffary to prbdute the del 
ſaid to have been "Fac: Col. the erime libelled* hens the 
corpus delidti, Fac; Col. vol. I. gl vive 
=o ys — 7 ole ce . 181 e EY * 
© TRIAL* rgery wat ved te pre 
the writs char to be forged were e 
Fac. Col. vol. 1. p. 169, His Majeſty's erent oh 7 
7 4. N Dieu . i 424 
9 Mes npetent, in a reduQion and improbati 
to allow a proof 0 eMon; in order £6 fSund pn 
ſcription upon titles produced, as ſufficient d ed 
after acts have been estradted for che Erſt ande fegen, 
terms. Fac. Col. vol. II. p. 390, Grant, &c. Dee 
1 60. SS OAH; 1+£ „ TT; I; * * * 0 . 5 
CERTIFIC AT 70. if it e q 
not called * See Rev i + wy Loan. Frcs of 
EXCEPTIO falſt eft bmnium utims. e, PR 
CERTIFICATION: IgA” ; and warran 
DF Groundr and Warrants OL 162 gan 4 1h 
'CONCURRENCE- of zi. Maj efly' even reg . 
Ser King's atvockfe. thang Li atls wo „nr dt 


. % 565..35 713 bar en 
14130. 121 9 
AMPUT 4 T 10 N. 


7 22 Kur (60265 


iE balance = 4 eue esc Perf pi 


1 on hiv death, 10 the Dulband of his ate, 


* 


 IMPUTATION, 20, 


who was confirmed executor, as neareſt of kin to him, 
but who had not given it up in an inventory; and a 
receipt, by the writer, being afterwards found, for a 
ſum, to be employed in his client's law affairs; the 
daughter, after her huſband's death, was ſued, as re- 
preſenting her father, far the ſum in the receipt, who 
pled, That the ſum, which was due on her father's ac- 
count, was unduly paid to her huſband, whom ſhe did 
not repreſent, and that it ought to be made good · hy 
her executors; to which it was anſwered, That there 


c 


balance of the. accompt, which belonged to ber huſ- 
band, jure mariti, and was creditor on ber father's 
receipt, and that compenſation not being proponed, 


F 


ſound her liable, but reſerved action againſt her huſ- 
band's executors. Fale. v. I. p. 107, Peterborough, 


june 24. 174 oP | | 5 r 8 . 
A PERSON having provided an eſtate, in his con- 


a» 


— 


his daughters; it was found, That he might impute the 
portion given to the eldeſt, to the price of the. eſtate 
which he had ſold, and for which ſhe ſued his heir, 
but could not impute the proviſions given to the other 
daughters, as he was otherwiſe able to provide them. 
Falc, v. I. p. 220. Bethune, Feb. ). 1747. 

A PERSON having lodged, with his friend, -an ac- 
cepted bill, as a fund for raiſing money, and having 
got the money from him, and paid a bond which the 
friend owed, on an aſſignation to himſelf, and it uf- 
terwards appearing, that the debtor did not uſe the 
fund of credit at that time, tho he did it afterwards ; 
it was found, That he could not uſe the aſſignation a- 
gainſt a cautioner, the bond being paid with the debt ; 
or's money. Fale. v. I. p. 24, Haliburton, June. 
1747. | | j i 3 KILEY ' 

AN executor paying a debt, and Rating the ſame to 


£3 72... 


E 7 G7 tt: <0. 


— — 


* 
** - 
— 


— * 
on * —ů 


becoming executor to him, it was found, that he could 

rot claim the debt out of his heritable ſubjecta, ba- 

ning had the original debtor's executry in his bands 
" "Bd 


0 Vor. II. _ when 


was no undue payment, for the client was debter in the 


theſe debts did not-extipguiſh each other, The Lords 


tract of marriage, to the eldeſt heir-female, failing 
beirs · wale, and having afterwards given portions to 


the heir, from hom he. got an heritable fecurity, and 


„ w» 


_ 
N 4, 
} 4 
0 
. 'S 
149 
BUS 
11 
4 
i 
4 
4 
1 

* 

* 

. 

J 
1 
[AQ] 
— 
10 
, 
. 
I 
' | 
„ 

» 

N * 
4 [| 
j 
1:6 

oy q 9 
3 
U „ 

1 
* 5 
> p 
3:86 
[1 5 
19 
, F 
LESY 
, * 
J 
1 
e 
Ya, 1 


290 INDEFINITE, INTROMISSION, 


when:he paid.. 4 Eale 7 v. I. P. 4. Maewhirrich, Nov. 
„ ens wol ngalet BROJWSH UC BORD; 
 \PAYMENT 


HRS 4:0 IS 
| « made;to.an adjudger, in truſt on ki 
bills, cannot be imputed to his tnulters., Falc, v. Lp 
| 364» Gondan,tJuly,6.1748, 1:4 e£3$ 13 4G 2 2 Ne . 
H TRUSTEE n adjudication, having recovered 

payment out of a gollateral ſecurity; for the ſane dels 
tho he was pot aſſigned tai: this was ſaund to imput 
an extindiono of the agjndigat an. Falc. v.. 5. gy 
Crowdiekngws. Jung. oi MSO1qQ 10) el ae 
d. pam of his, debtor's) effects in virtue of his wiſts 
being executor 46 him, mull inapute; them an payment 
_ Fale, v. I. p42 4 inen cold. July 26. 194 522! 11210 14 
- A PERSON... heing debtor in à ſun bearing interd, 
which, he; way: nos o bliged tte pay, in regard he wa 
greditor in a large ſum, with intereſt, the payinent 
whereof was ſuſpended to @ diſtant event dhe Lon 
Found theſe ſums to imgute in payment; of bach othei, 
- and that theexcreſce;of the iniereſts of che largerſin ¶ ig on 
did j not progreſſivelyextinguiſii the bleſſer, but aii 
Shen it amounted ta the whole ſum o Fale. vl. polo, 
| Creditors of Merchiſton. June, 30, 9% e 
« A; SUBERIOR: poſſeſſing on a detrtee of noni 
which: was afterwards reduced; 1 wasfound; Tharthi 
rents received, impuitd firlt to the feurduties, and an 
to reparations; ; F alt. V „HI. p.. 75 Cook, June 3d; 
end, 0 1 4 3.07 4.1 244% 2olis Nia ad ES 30644 
* n 5 4 22 215 4 , 0025 2 141116 


3 14 ! wo an Js 8 K* 7 : "» * 
. 1 * p } 4 k —_ * F : 8 " F 4 KA 1 +4 ; " 1 4 q 
| b * Y EFI 1 IN R | | | 
© < "+ 4. 4. 4 1 4 . 3 414 > #36 
bs 4 7 0 * 7 7 > Is, * 4 4 3+ 4 Py 4 — * * + L 4 mad if 1 3 34 2 8 Is + 3% * *. 148 * * 
* 1 * - 1 * 
3 bud > 41 [ N I 


That 
nualr. 
was p 
elutio 
tion b 


vrifing 
ſatisfie 
lo. Fel 
1 urec 
he fat 
Tiling 
Jather?, 
ompet 
and a ſ 


— 


nee In. ve N annualrenter, having: 5 pence 
Appliceblein, A in a firſt compriſing, and n: ſecond Cuild's 


duriorem compriſer ſuing for the lands i the Ls we: 
. Jortem.. 2 feupd, That 0 e. annualrenter, by pur. a the i. 
. cChubaſing the compriſing, had conſdun deen. B. 
the property with the annualrent, anduabat his intro A PC 
miſſion ought to be aſcribed: to the.apprifng; being thoWoiznce 
ſovereign right, andenot towards payment of the bt, h 
nualrent, tho“ be ſame was prior th both comptifngcbaſed 
and that his whole intromiſſians did not pay bis by; I an 


annual 


INDEFINITE INTROMISSION., 2 


annualrents j and the firſu compriſing being extinſt by 
intromiſſion, the ſecond compriſer was prefernec to che 
lands, reſerving th che anndahenter o p6ind'? > 
ground, Or compriſe, ifor- kis/-bygone anmualręits. 
Dur. 27. Feb. 1630, Scarleti——Aiereditbr Having in 
his perſon, two icompriſings- of: the ſame ſubject, one 
of them carrying-only the reverſion of the feſt; a que- 
tion aroſe,, Whether the whole mails and duties muſt 
be imputed to the firſt appriſiug. fo as to extinguiſuũt 
within the legal, or propact ionally to both, hereby 
both would be kept up? Ati was argued for the appriſer, 
That indefinite payment is firſt applieable to the an- 
nualrents, before it can be imputed? to the ſtock. It 
was pleaded on the other hand. , That, in dubio, 
tutio e, imputanda in dur orm ſartem : and if imputa- 
tion be made te both appriſings, he firſt appriſing will 
nat be fatisfied within che legal, and the debtor's right 
will be taken away, Whieh is moſt unfavorable, © zub, 
he ſecond apprifing was no tiile for poſſeſſion, earry- 
ing only the right of reverfion of the firſt. The poſe 
eon was found:; only to be attributed to the ſirſt ap- 
prifog, and not: to the ſecond, until the Grit ſhould be 
ſatisfied. Stair, Gotf. 51 4. Jan. 1669, M'Kenzie. Steir, 
10. Feb. 1694; Blyth, —A- grandfather's debt being 
ſecured by comprifing, and ſtated againſt the” grand- 
thild, the intermediate rents, which: were in bonir of 
he father, were aſcribed towards pay ment of che eom- 
riing, as being durior fors, and not in payment of- the 
father's debt. Falc. 22. Nov. 1683, MiBrair.——In a 
ompetition between real. prior creditors of ra; degeaſed, 
and a ſecond huſband of at relict, lifetentrix of houſes, 
cho was in poſſeſſion, and allo had adjudged for the 
zpence of zeparations, allowed biq by the Dean of 
Luld's decree ;; the Lords found, That his intromiſſi- 
us were imputable, in the firſt place, in ſatisfaQion 
the ſaĩd decree, and adjudidation following thereup-· 
n. Bruce, 19. Nov. 174; Shearers -t. 
A POS SESSOR, whoſe title was reduced, xt the 
lance of ont having amore preferable r gu £4 11h. 
fight, having. after the-yedugion, pur Nreſgrabl 
chaſed in tlie preferable right. which - rights” 
© an appeiſing, and inhibuion theres! 1s 161 1G 
| B b 2 1 on, 


. e err 


u— 
© 


— . I 2 


292 INDEFINITE INTROMISSION, 


on, Was preſumed to'have-afcribed- his! following | 
felots ths net righi ſo as to extinguiſh:'the 4 
ſing by ineromiſſion wir,Ʒ-dhe legal. Stair; 24. Jun 
1668, Wolmet. An appriſer having pure haſed m4 
more preferable right, und- having continued may 
Feafs in poſſeſſion, x queſtion occured, It: hei was ob 
liged to impute his poſſeſſion tolthe appriſing. as duris 
ri ſurti, to make it fall within the legal ?: 11 — was found, 
That the intromifſion might be imputed to- the mom 
able right, in order to preſerve: the 
Stair, 8. June 1650) Hay. An apprifing being le 
upon ſeveral ſums, ſume of which were before inhib 
tion, the appriſer poſſeſſing, his intromiſſions were 
found ſim Me ; each of - theſe ſyms portion gally, 
Stair, rde 656. Blyth; * CET : 
ONE deter ing into Deion, having two rights iv 
perſon, the poſſeſſion was found 
Ubi eſt ale? feribabſe to that right which had park 
| ta.vxecutis,, ta executio, in the firſt place; without 
| prejudice to the poſſeſſor to maintain bit 
5 poſſeſfon by the other right, the firſt bei ng extingelhs 
eit bz int omiſſton. Stair, 8. June 1670, „ TILES. 
ON E, at his entering to the poſſeſſion of teinds, l Bi who 
ving two expired appriſings thereof; vr 
Jus nobilius. e a voluntary diſpoſition thereto; Mill Starr; 
in ſecurity of a ſum; and the ſaid ap 
priſings having been afterwards opened i and turned nd 
fecurities; the Lords allowed him to aſcribe his iu lis cay 
miſſions wholly to the apprifings, medio fempore, till the 
ſame was opened, ſo that he might defend himſclf-irom 
accompting-for his intromiſſions in chat 3 Ford. 
2, Feb. 1111, Guthrie. 
LADY. STRATHNAVER bine 2 Jeeree'dh 


© -  conſtitutionagainſt her ſon, Lord Strath» muri 
Applicable in naver. '1ff, Fe or the bygones of her liſe the Loi 
ſortem ejuſ- rent annuity; 2dly, For 4000 merks; ceived | 
dem generis. the liquidate ſum in her contract of m A D 
riage, in place of her terce of mom iheoter. 


abler;: 345; For her childrens aliment, funeral exp 
ces; Gen Upon this decree, the recovered a mo 

ſubject, ta the value of L. Boo Sterling, vhich beſong 
el, to the deceaſed Lord Strathnaver-i; Phereafier;® 


— 


INDEFINITE PATMENT. _ 29g 


2 foit, at the Ladys inſtance / fdrnmctorety.of her by: 
gone annuities "2 2q ueſtionocdurredsr Whether: the 
foreſaid L. 86% Ooh tol bariepuwted inte bygone 
annuities ©2s Amur, rr hct the other! avficles of 
the decree ? la was:rargbed nor the Lady, de, That 
the application i ,um forte, as h rule that: in 
many caſes; oetic;d icterlo equity}: hadi never univerſally 
obtained: with! was! 44, T baüu the Lic$00, bring a 
moveable ſubjecti fell haturu ly. o iſthao inſt place, tv 
be applied td exvingirſh the movable axgiele: which 
the Lords fond) relevant. 21 Nov: Fg, Straths 
naverz © + 50 319w Hoi 20 armoty ,omart BOY t. 

notiimonmn ad gifs og 15iriqqs „fe ont. 


55 
126 5 al + pe ht7 35:5 Narr 
 INDEFFSITE” BAYMENT:.... 
„Me AWE arm tid noi ation ont 77119309 370 
T vas found but a man obliged-for divers debts, 
1 making payment indefionely;;mmay 1g eg 
aſeribe the ſa e to which debt he pleaſes . Eleftimek : | 
Hadd. 1. Dec ty; Harvie. In debitoris. 
indefinite paymehtz ithe' brotard ere d n H 
oft d:bitorts;] holds not / wEʒen the debeuf is bankrdpity: 
who cannot apply indefinite payments zar hitra iy in 


* . 2 $4 


„or of one creditpr, tothe prejudice of the reſt. 
Sur, 13. Feb eins, MReanth. ni Arbankotigitrcant 
apply an indefinite payment toa debt, in which he 
„ hads ſingly bound without ezutionetsg ii ddfrandief 
bs rautiòrers in @ ſepar — bike thei appli⸗ 
e eition muſt be made proportionally to both debt 
4 Home, Feb. 9g, Yucckugh; ot ESnoqe 28vw gfn.g) 
8 INDEFINET'E payment, incaſe: of divers :gbligan- 
tions, was interpreted applicable to- ties r 4 5 
f tideſt in 'dateþ notwithſtanding chÆ la f Antiquiut | 
* Bf Pluribus, Bg. , 2. Nds falut. which debitum. 
1 the Lords found; never to hate / been res isa 
* eeired in Scotland. Mait. 6. Jan. $653 A Frenchman) - 
„& PEBTOR® in a bond fbrsioop ters having after 
„ dbeoterm of paymentppaid'qopimenks; = 


mhout any application te tit bond, r Sea nt 

to the price af wiut xe ſbiſig adſo hm νοα braring am 
ad thereafter ↄhiving "retcived*-mbore uαν,H,tö.! 
wa; and appliedo che payment awlhbliy; 54 >1f 1 br 

| J 


xx DS & © 


— 


— —— 


* , 
— — ——— — ?D2DkH —— —— ———— 
— - 
_— —_ IE 


— — 


— —— - _ - — 
- ———— — — —— -U iQ :: —Uqiefg— — — — 
— 123 — — — 
— 
5 


EW crap 


8 IX EO = . * 


— — 
3 
—— — — 
2 je 

— * 


= 


= 


. 2 
—— — * — — — _— 
n gy” 
: — - - — —— 
I 


244 - IL. ND E MANI . 


| tqithe wine;.ond.nettathp:bogdr And the esa 0 
the band being-ney 1 ht aledged, ahat the vc merle 
behoved; te:b>apphed! ta vit inguiſh the bond proving 
as: the; dia font d eſpeciallyœanſidering, That mer, 
chanhts:wlow pear andeduy; for: qhe cpaymept: pf vine 
Anſwered, It was in the ; = wn, s power 15 bin d 
payment. abe hade wunde Fhat the Hehtor d . a 
er ea, apply iſa mmctpofctiic: v merkis. 28: e 
ed td the price of:the wides armflle — a 4 
ment, unleſi the term of paymentcofi ADSI 0 9 
emme uᷓn the martey:was)Þaidh : il but that he chuld na 
apply it ta wine fur ſhed eee ee 
_ judice of che naùtigner in the bond. Habe. — 1 
g Nayz:i687.:98mith,o<——An indefinite pere 
Vas. aſeribæd toca ſum not bearing intereſt» in the fil 
place, and the remainder applied to 'a; ſeparate: fu F 
bearing intereſt, Fount. 2). Jan. 1693. Hall. de 
lhe ; Howe, 28. June ) 15, Dack. al 
A 'TUTRIX having obliged herſelf — | 5 
bond of. cor roboration bearing u 
Som avbere- rent, for a ſom. owing of bygene un 
in che per en; vents in an heritable bond uppnhet Þ — 
making pay» pilꝰs eſtate, on getting a bagkbond at 
ment i rin · ſame time from the „ 
cipal debter. perſonal execution ageinſt herſelis 
| — years, provided che eurtrot ia 
_ alrents of all 4 85 22 to ag — = 
| punctually paid, but reſerving ence agam 
pil and his eſtate; and ſhe being charged/ppon.the Wn 
of corroboration, after ſhe. had made ſaueral g — 
payments indefinite ly. the Lords found that cheſe w 
tial payments were appliable to the ſors charges 
and not to be ĩmputed in ſatisfaction of the annus A 
of the heritable bond, which the payer was. only 
tox ſutor io nomine Forb. 13. July 1705s Sepp 


ede 1 Ie 1,44, 4 4 


3+: 1 EM NI T. Ne | 


216 bo VT:216:f ; Qi oF | (Ii b 100 $11, 4841041. 
b Nad of ene ven foand to libevate one 
2 ſpulzie, who: Had taken up ſome horſes for 
2M Ice of his Mie ee e N 


SS ers rss 8e 2 Ara 


EN DiE/M/N=E(TIf.' . 288 


QUEEN ANNE hay up hrenareeſſtun un dil the 

crown, publiſhed; as is fall, her general id demnivyl; 
the Lords ſuſtaĩned iti to ſſoĩkriei from fiaes/impaſed/by 
| the heritable, hailie o bziliry, al tho!fuchiperquifites 
| were his property-gndiprivateatights HH,, 
3 1704» Blair 5 2 10125 2005 At eRN 1 b2is9wink 

FOU ND, That adi of muſur y wee d prend ed 
under the ſovnne in ub ehen indemmity. FN. 
zune 17065 MtM²ieckem, Terb. 26. Jan, beg, Colvil. 
;- A-DEEENCE founded on queen Annes indemnity 
in March 1703, which pardons-andiremits/all breaches 
or abuſes. of, or malwerfatiom in publicaruſt; wixb nl 
other crimes, delinquenciesor tranſgreſſions of omiſſian 
or commiſſion, in ſo far as · the fame may inſer any pain 
& puniſhment in the lives, fortunes, or reputations: ot 
| her Scots ſubjects; was ſuſſ ained to exculpate the con · 
ſervator of the Scots privileges in the United Provinces, . 
from any malver ſations in his office of confervator, pie · 
.ceding the date of the indemnity; altho“ ue as called 
in ũqueſtion for the fame: before the ſaid indemnity- 
orb. Fount. 19. Nov. 1709. Cumming. ++ hu n 
AN a ſubfidiary action againſt magiſtrates for ſuffer - 
16g 2 priſoner ta eſcape, The Lordi repelled the de- 
ſence, That the, delict was pardoned by ar general in- 
demnity - from the Crown, publiſhed ſince the eſcape. 
-Faunt: 25. July 7, Haſ well. 1 
ONE partys invading another during the depen- 
N ich, by the g& 219; parl. 1594. 

inlers loſs of the plea; was found not pardoned by the 
ob indemnity. Forb. 22. Feb. 1912, Robertſon. 
4 PARTY: committing fornication ſince the indewp- 
ny, was found ſubjected to the double penalty af, a 
mgeated tranſgreſſion, in regard he had. committed 
Ep 'cation before the indemnity... Forb. 19. Nov. 1712, 


*D EWA: a » 1 X £7 LAK 101 

A FRAUDULENT ks was found 2 | 

Wa general 9 from the penalty of the act of 

a lament 696. FSA. 1/ July hay Stewart. 

FA PROFESSOR of divinity having quitted his of. 

, in obedience: ona ſentenee rh the 2 of - 
6 


* 
o 


| Wriiament, for viſting univerſities, Cc. 254JaD. $697» | 
| We tec uf 8 dr dime by ate 


= 
2 
1 


1 vas vLE. 


ae eee 


. £ 14007 nnd von dn 


— 5 47 2 gering this * 


ich Wer White ie u er — ,ydows-prime 
65 0 EE — ; 
Wars unter for ines ind fte vesg inst en 


to Bab tiAme pate arifing flew a Hach 
7770 155 A — nes let dg 


Web 100 20 — 4 — 2 1 


iter op che army 
5 mt - bang | Tal havoc 


* Jeep 
765 5 
IB 01 


. Br — — Iron. 
04 e 


The Oh 
bas dN. H. 1.8L — 


N * TERIY AY. t 210 1121 HI ani sR⁰ uns 24 9 


4 DECREE ARBtTRALy beingiat | 
MEER. uo ire, 'cobmp rem}; cannot belts 
aku Nesen with feſpecd to that! - ; 


dent win the 
OJ ls int Rt whe Neu. 5 86,14 Los 


Hy eh 8 das ane 
e 


a July T&ropanle-d by 
be -redbcedriin mln ub 
ell ST ies So Shi vine lei, in 
As, 2 Hei gspthe wird Mid} 
A 505 eee 
Aa my eck due pad en 


—— — 


$ e ome n Wo REED 


FRCCYTN_TSSSSST7T-3-3 ES -ES-% 


Land 
2 


een neee. 


* * ai PR”, oy Ro 
* 


| point is ndt ſpecially ſubmitted,” but mentioned in a 
| clauſe of the decres;theilaw was found not to 


PPV ĩͤ mnt. 3. x MY S419 4 


IWDAVASIB(LYE.: 297 

the Lords found the :decree- hindi any 7 0 
quoad all that-was:ſuhbmittedy and; on 

general diſcharges; + which they rectified -by, is, Fe 
pretation, that chey {hanſd, extend, no. 17 

what was contaiued ſin ,qtbe, cis given 2 

here utile per inutile non vitiatur. Fount. 25 c. 10 = 
Crawford!: 9:im) dgintnib] to org” N r H' 
* 


"SOME -ſpecial matters being Solept ſhouted, Fern. 


and a general olanſer ſubjoĩned tauchmmg 
all other queſtionsbetes them; —_ ee 
art 


the arbiters remitietl 088; paints: 
not ſpecially ſabmittad, 30 che e | 
nation of othert wa per ſunno sha Lards;; ed to, the 
found, That this clünſe -in:1tho. decree; i; detgr mi fai 
did- aur —.— 2 e ern. 
that altho by the en lav, if one a- „ 
ticle ſpecified-in a ſubmĩſſion be not d determined, ut re- 
mitted to ochersy che whole decree is null 2 yet where 


militate 
2gainft it. Dur. 20. March 1630, Stark. Contend- 
ing parties having ſubmitted all their differences, and 
one fer expreſfſum; and theſe arbiters having de 
that one. and referred another to the . 

2 third party; the Lords ſuſta ned the. d e e 
ſpect that the party whoſe chains was d, ju 725 
ly paſt from the ſame. Fount. 23. 2 26. Feb eb. 
109, Invernytie, | 

A BOND being wbſcribed only! tener, pairs 
the party offermg to reftri& his ſum, the Writ of in- 
Lords ee an bonnet Gviſihle. Hope," Perret, . 
(Dbligation) 29. Nov. 1676, Gibſon. Ne. * 
The like, Dur. 13. Nov. 162 3, Mariſbal, | 
A bond, being-only-ſubſcribed by one 
notary, was ſuſtaĩned, the purſuer reſtricting his claim to 
L. ice Scots and the Lords sefolved to make ot 
role in all time-coming;; Auch. (Neteryepublic) 22. Jan. 
1630, Mortan;+: Dur. 4: Dec. 1628, Rober Dur. 
19. Der. 1629 Eliot. The Lords ſuſtained a diſcharge 
for a conſiderable ſom, tho'Gigned for,the party but by 
ane notary, the uſer affering to reſtrict to I. ioo. Dur. 
4. March 1656. Bann. l diſcharge of . 


41y 


| = 5 a — ar want of: the fourth f 


* nt. 470 e 


Verbal legacy creed L. 109 Scpts, Jet. heingireſu 


* 


a. * v8 1 8 LE. 
Land only ter wit- | 


Sp 


1 55 1 to the .commotaries fubſcriptian)-uhe 
Lord found the 7 99 + 1 I nete £41009 Soon, - 
0 


DEBS SY EDS 


nd, on wh udic aan: followed, - being:quar- 

re ell by another ie eren ſigned; for therparty ons 

by tyg Natzrie and, three. witneſſes, and dhe party 

118520 . >; Tusco, Witch the zv lente 
1 creo! Be 9 7 5 ge<\o that; aſſiguntiont are d 
SJ 1 22 the aGgnation 

or 25 6 5 —— Bated,oFromiwhat 


and ——— IP 
e Lathes bee, ene 
it drew A | ANAL 1 | 
extremes of the 2 | 
tor, pat pitched on th 


Fodtt.: = Joly. 22. 
2 + P42; 


* | 1 i», 2 tee lied... 

TESTAME 44 219 e | 
| K N ſame perſon. who was — the 
ae. ne "eequtors, mas aghibjt. 25,4 itacÞ gothe 
where the ex- Lords found, That he ;couldy-not ben 
ebatbr 45. a. wWitneſa i in n and therefare 
Subſcribing reduced che teſtament, ſp far aa c. 
witneſ?, 2 112 N of — 


: 4 


p ſaltained: it prime: quia her Hope, 
h 15 1613, Crit Gül neac eben 
* . | $a the 2 


cenſed a teſtament,; althoherſae a 


above L. 100. to. * ſam, might he provggby itneſ 
ur. 7 


Auch. ( Leg 4,1. J 
1629, Wallice ur. 1. Dec. 1629. Eren of Scot. 


| FOUND, That a retour, falling 57e 
Retear. ; parte, is null ia totum. Hope, (6 n 
18 729k 0 1619, Lee, = A 


| 


Jjohnſton. - Hun 


r . 2 9 —_ ca oþ * 9 * 72 . . 52 


rr 


- 


IN DIVT SIB L. 299 
A TACK, ara path For rh nun chret 5 


without conſent ef thit n ʒ 5 
found fimply na ii: hut a ö b 
the three ee 81 Ju 668, a yi 


_— MN 85 
ö ze dlerks yearly, ch 


— 


vere yearly' — — ref and _ rey being ob- 


jected to,. tor a a er e rs, who bold 
„ on 8 canſe ; : 
the fame was Fonndedrey mull; & efuſed to t An- 

lined: bor Anyolihäted Wwe, 555 uh C Seair, 
Gosf. . July: re C 5 e . 
colonel — ay bund i — vey 4 

e to provi £0! 
queſt to — 14 175 2 . 


bed-ſettlenient; api he eldeſt 's ever 70 


executor, tant left it tv ee 6 05 Fe 

of Iſlay to name w Ne 19 75 1 Kt. 
dren: the eee Aces ep ent e- traſt 
repoſed in tent, the Y 8 8 in fiſted 325 to: 
— — erent, Clanmag each of dem 
an equal{har&imthe'1 th ant? eon Wane as: 

pled for che he Fe che facher had 3 power of ga, 
and of giving more ti dn child cw 147 8 11 
el he B gives the- hole tt r, which àt the 
fame le a 660" Ui. deren; Ae is only te- 
dueible ſeftr as he tranſprefſed ec e 97855 * 
ſum ; und therefore the ela i inoffi 37952 
can be varied nb further than 2% /up; ene legiti- | 
no, to make chem up rational proviflons, ſuch as the 
father ought to [have left them the Lords notwith- 
taading, Ford, That the Cobener havi ving ſettled-his 
whole eſtate upon his eldeſt ſon; without” making any 
effoctnal proviſton for bis ybunger children, 
ment is redueible: aud that 5 ebildren are 


cach | of ther entitleck to an 
with the etdeft'fon, in 


of wartis 30 Det. a 8 
2 wy 5804 T5} 1 74 335 le , RY 0 
it (1003431, H ved 11 l N. 


1 540-4 „nl BY Hon „ ove IN» 
ITT Liar: 02 


: 


L 3 J ny 7 
1 8 1 206 ee RI Ma. 
Ng — LES: 
BY [ * : * R 6 | T2 þ 
animes Nute, Ain e — 11 er 2 %® Ni. 


4 79 15 * PF. |; 70 


3 4 
pe Caftato od, bein 
ordained}; Thatet 


ſert : in bilds —— ne 

the ian und r fi 
in favor of defeandatepmaderibepin ofivect fehr ine 
the fir uuναν,mWdepr W õο, ifor:ohie ſecamd, except BI 
in eule hehDhhcj h E, e. prwileged. B. and iber al 

: — — theuprefitent,. advocate plant others of- ther fet 
mer % nrett and confider bus dheſe Gibold:the WY co 

5 Dir Say; 14 Janez Wallace: 9.47 ff! cit; 
A SUMMONS raiſed and-exceuted ed a perf cot 
2 — before:the tiam of WW =p] 

Veen, the charge of (be-/expired, s WI tio 


upon vs pa null. and vo proceſs wilt be [granted 
Ave tles,cam thereupon. Hadd. 1. Feb. 36284 C. 
be rajſed and. ford; Found, T hat-altho' fumais, 
exccuſeu dur - upon a charge do enter bels was Piſed 
ing the run · before the forty days were ru, yet ſer 
ingofthe days ing it was not executed till :yhey-wete 
of the charge expired, the ſame was ſufſicient. Dur. 
to enter heir? 8. Feb. 1622, Muckall ) Tbe ur 
Hope, (Heir) 22. june GH Dudes 
—— Lords ſuſtained a general c andi ſum- 
mons thereon, tho' both were given on the ſame day 
and at the ſame time; becauſe there wers twenty · one 
«free days given for the firſt, and ſix for the ſecuni diet, 
aſter the outrunning of the forty days appointed for tb 
general charge. Fount. 17. July 17, Biggar 
In a proceſs of adjudication for implement of a 
diſpoſition, this objection being made, That before tbe 
forty days of the ſpecial charge to enter heir wert mn 
out, the party had raiſed his ſummons of adjudication, 
and executed the ſame within the forty days of ibe 
Charge, to appear upon twenty one days . 

| P 


— 
K 


SAFT EASE ES SS TTESSE 


ER 


INDUCIELEGALES. 301 


art of which twenty one days were coincident with 


292510 . F T. 


bad ſo prevailed, that it might brangle many rights ik 
condemned 3 4 e adjudication, 
— ighjefed ainſt u. H. 
E ˙ - — 507 yoo OO norman 


WHEN 1 cited edickally in 2 

proceſs againſt i mino ous De 6 
Fr the — 2 — 46. 001” Citation i of 
neceflity for cieing>them upon. ine and} ar end: 
fifteen days, and ſhe minor ill not che U ear alters... 
— furt her than tα = to. 0% o: 
ducia le 7 Horb. a 10 ui Hairh am aft. 

ABI 2d n, Minh preſentedii che de- 
fender, in wry wrt; {eendalhefdre gas! 637114 ' 
commiſſiry;xpor this peaſun, That ther Ladneise 
citation was upon te on three dye, ! fore haſtrui 


PR 


contrary to the act 19. 2 16a l. hic cott 


— 


tious dn no eſa 


ippoints inferior ne but cita- . 
. a eee we 
4d in defdetüde, and 9 repelled the qrenſen pf 
advacation, Ad 5 emitted the cauſe: bach tha o- 
wiſſary as ſoſe jo in the fi d inftagee du ſcandals : bet 
wich this direction, to alle he defender a tent 
time, not, under,eight days, to propane his. deſenges. 
Fount. 23 Dee, 170 Balfour. * vox ve 38 1 ar 

v0 ITS TAN DNG che a of. par lament 
touching executions. he- north Dees yet n. 
parties having agreed, that. the Induciæ in 
tian of a horning hould paſs, upon ſewer charge of 
days than therein mentioned, t he born · boring. n 
ing ſo executed was ſuſtained. eſpecially .; ß 

a there intervened more than fifteen 4 Het ween 

the charge, and the denunciation, .. Hadd,.8&iManrch 
e e=— \ charge of horning;giving.apgn 
ſix days, to a perſpo living- by-north. Dee, : was. fougd 
null, aitho';if'was' upon hi bond, wherei on- 
ed that letters of horning op ſix days ſhould pat» Dur. 
4 Feb. 1625 55 Steuart. The act of parliament, or- 
dainiag all hornings beyond Des 0 be on fifteen days, 
reaches not to 1 which, by the — | 


Vol. II. 


302 INDUCIA LEGALES. 


parties, there are fewer dhe" named. Lee, ao Des, 
2664s/Philortts | lt Lon: non 


AARON, deres may b er's 
In baten de. incontinenily, and needs not * fen 
Aar. 3 _ delay. Had, 9. Nu. 46 11 1, Bailli Edi 


| TdeJikes a8: Feb. 19 36, Agen. 


teer 

A "PARTY. being changed with harm ing upon n fore 

5 WY £14: daye, on 4 decree; arbitrah.: Which. de (Fo 

Tha daarea- erte carried n days, but only, in ſom N But 

ü arbitral. co az effeirs,: which, in decrees, imports ff. Will ed t 

teen days, but here the: ſubmilien e. ſon, 

ried | ix Jays; the Lords. 10d, That the charge in A 

this caſe mighr. dos proteed all; 1 fifte 

Pena 7 Jan. $706, Ra pn, 71 > Jad od ficie 

5 fonn« ' there was no n e * on, 

| 4 £ arge upon fſteen days precedin be « 

Indvcie i in, e the ſame. being for a fine ona and 

| nee & tried by an inqueſt, for which the WW 16: 

m. party wight be inſtantiy put in ward af exec 

| | ter the ſentence, altho in civil wig = ing 

a char e on fifteen days is IO. Pre K com 

1629, ownie.— A fheriffdeputy ba d an 

beritor for divers abſences from head dich and ha. | 

ing ſummarily pojnded the tenants for the awercement; Wl © 

che Lords thou ht that procedure was precipitant, be- 5 

ing without a previous decree of poinding, and witho N A 

deciding, "whether + theſe unlaws were : bits 2 the 

therefore they found the Poinding i legal, Fount. i Har 

July 1700, Dundaſs. dt reſt, 

THE Lords reſolved, and cauſed i intimate to the a T 

; _ vocates, That thereafter cp old chil 

10 #+duQtahs only two terms in reductions, rea (Hei 

and improba- in improbations. Dirl. Stair, 26, Nor. A 

tions. 1667, Hay.— A deereę of certification, f ed » 

in a reduction and improbatſon, was 1. if th 

called upon the 20, article of the regulations 1695, year 


which requires, That certifications in abſence ſhall n· BI Fair! 
main unextrated for the ſpace of four weela aſter p char 
nouncing; here it was underſtood to be in 3 Lecet 


procurator being marked by the clerks at random, who be en 
was not the defender's ordinary” e . Dur. 
1732, F ullertons. e 17. 


"6 ; A 


Toa & 


S RE mnee EDT T 9 7 F. 


execution af a horning, cedit 


input LEGAL ES. 303 


A PURSUER bavin g referred the el to Teen. 
ers oath, the Lords: Wetdged tie de. 
fender to e ſummoed at the'croſs df Rated, 


Edinborgh, pier und pee of Leith, on ro conſeſo 
nborgh, p oy 3 pi 


teen days, becauſe he warf 


fore on ſixty dayt ab fort of the cond oY Nidoltoo, 

(Forth e pep oor ry)' wh, Now 161g, Maxwell, — 

But in a paralteF'caſe' ere ores efe&nder was vrdain- 

ed tobe ſummoned togide is och hn fixty days. Nicol- 

ſon, (Feri , tht country) 26. Jak. 1670, Wright. | 
ALTHO' brieved be a appointed to be e on 

fifteen dayt, yet the found it ſu . 

ficient, if either the ay oft p roclanſzti-” 

on, or the day to which yell are ſerved, ond 4 

be counted i in the number of the Bays 


and that the) need not both de free: ? Dar; 777 ly” 


1626, W*Cuttochi->4= Found, That the laft | day 4 
lle, altho' in comput- 
ing de momente I . Be che” whiole ſix days be 


complete ſonie hoars before the e wa run & ours: 11 5 3 


, Does "59 rad een 


3 4 7+ 2 #.4 ; re 3 725 4 271. 4. "lk ; Ka bs 1 
n N 5 Wenk Hebie! 


Bale 


AN apparent deir 3 Ae 
the benefit of the unnd 'delfbernid?;” * 1. a 
_ (Exbibltion); Feb. 5. For: beten „ 
re 71 Ein oy 74 
dle, Cr am ra . ih From whe 
child's 94 Eh 
(Heirs) 28. Feb. 1627, = rh er f 

A CHARGE to enter heir, be ing raifed and ee. 


ed within year and Yay; it ig en 5 


if the laſt day of the forty was after the What 1. 
year and A Hadd. 19, Feb. 1611, grace may be 
Fairlie An apparent heir may be” done intra n 
yes nets = + any time e Ffre his pre- annum? 
on or's „ but ne ae ns: wm 
execut 8 bim tin the year and e . 
Dur. Auch. (Air) 19: 5 1628. . 
17. Nov. 1609, 145 de. EIn a transference os 
1 and reckoning 1 an apparent heir, thert 
0 


0 * , , "Y * 
I. * 4. * 7 "ap 4 * - "4 i 


I — S —— — — — — — 1 
— — . << TIES IE. ER —————— — — -3 ow 
> * = 
= — ts — > — "= — — — — _ k 
- —— — — <q - — - — — => 4 
— — - = — , "-— # 


—_— x I} — 
Sb wo r * Za : 


— — + ——_— 


| 
| 
| 
| 
| 
8 


* 


304. INDUCIA LEGALRS., 


of compearance falling 


aunnu deliben undi Feb. 


was found no ptocels,, bold. the. citation; of 
compearaftice bein ; within the anhEi N and fer 
26. June 1660 Denar r gre Pere tn 
was ſuſtained, the IONS (is Feary: | e:day 
vi the ſame. 'Faune,. u, 
En ee e . Lo 
will not be de. Foyb 29. Jul e 
Iv -'THOredu@i ons. eee 
Nb bas EN uuns require; no char 93 Heir 
What actions they. are % ampere t. 
may! be haf vf deliberation, berghſe in thee s 15 
intra an- esnnof defend ens ee a8 heie, | 
nue 9 Staig Jus nn. Denar. Hare. 
rsd ant (Air, gie ox this reaſon, the 
Lords refüfed th.alloy. 4pprivercaa 4ransfer. an wy 
eee ainſt an 
8. ff. 119 Nowtns 
—41 oufic.——A decree of. e abrai: 
an apparent, Heir, was, after. 188 wen hi 
EA to be transferred again 
rent heir: in order that an adjudication. of: Tha "ous 
283 mighi immediately paſk, there . 
.of; being excluded: hy prior appriſers a Hut the 


75 5 if t e hole entered:and 
1 mie w 1d 7 diudios tion 
ewa de redeemable — 4.4 within [ by Pr re venſan 


ef, ears; by, which neither 55 7 ne 

prejudged of his diligence, nor the heir, of his pflvi- 
lege. Stair, 19. Jan, 1566, Crawford — 
of, the ground may be ſued, intra N ni. 
in, ſuch aRians there being noi per ſonal ceogluſion't. | 
gainſt the apparent. heir, and; bis appearance: d det 
Wyo Vim ie er * ie Fount. 4, e 

Itcairn... * 


. THE common debtor dying A few days before the 


Proceſs, 14 925 bs ca 1d fo the M 2 x} 


what er it. 98 craving by bill, a op of | the 
. N een of. e r 40. 
5466 at andi dhe Lerde ee ee fa 

e. ſales. are ſummary executive, ppc 
lie? 5 een this. calc, where t 


* 
41 F — 


ica! ſom 


rA beer 


{ 

h, heir coiflck 

1 Nov. 1708. 

J 1771, anent | 

| 

. 

a'difi wn} to calls | Yi yet | 
cog "Foubt:'D us, 19927 AWA. nit ü 

IF An N. rene! fei Abs any /oÞ the phllide-Sitles; 

be may be den Wb ab vides ne nn 
e e ole "hen oy hes beedints This priate" 


perſana y Rabie and Mr o lege bow loſt? 
choice or ee n ee de il F N ohm ; 
ſubject kimſr if of nd Sta; Dirt, Go 6. F 657, 
Hamilton. TI M "Auth." (Av) . Jan; s 19 
Lore. Dur- 2. Jan!" 1649, Glediin I Ming 
rent heir ren 5 And 46 creditor 8 
taining decree. | hr, tui, und adjudi — 1 
tis weden, 7 L lle enen bar within the yemy 
being propouec dy ether * eretitors of the deocaſedà 
was pellet Versa, 5 this wolantaryrenuneciati · 
on, the heir 1 parſant froth A leſs 3 
only inttodaced * ul I. 
e on? icon BE wes 11. 14: Joly 5 5 } 
"THE ovdenoues wth Ne That Lator 4 
the ſummbis wan exxtuged before the day Hfions 4 
of the ſpecial charge n ed}Fbs rele. 
vant to poſipone it to uch ditarivns as were re u. 
larly led upon rer erg, Fae? Col. W I. peng, 
Reprifincmbverad: ho pe: July g. 199891 5 FEA 
INDUCLE MR, 11 ie to fem sie .. 
movi . 41531777 
. 1 Na N 78 A 4656 * ae 41 


LN r N T. 


5 10% a 19 ad 1 27 
altbo the other ohartes was 105 740 e 
ri, 15 the King, and clothed with n. N 
on. Hope, (Safine) 25. March 1619, Leit wy 
Pe, ( ts EY. 97 — he 


r rr ,, , . a. ved 


: 
N 


One infeftment cannot be taken away but Ae py 
=P 


36 INFEETMENT:.; 


ME RE ande are mortißd to the kirk, the Lack 
” n founder That, e ha Ye" 90 
. cafes. ſaſine. Coly. May agB1.! 
0 0 
7 kk, 


n ne- Sen made 19 ag nat pegel N 
e 
; e 3» 44 95 Ive 
Joly. 1628, 79 0 Peebles. Fonnd, 75 the 5 
conſtituii ions. ,of rightt, and martifications;)ta. N. giye 
hoſpitals, a ſaſins W h o, dennde | ere 
in 2 competition, with ah Accedo, neck othc 
not required: eee , in v Tho 
e morituſro Hare. 1 i rc ls 59 


1682, Tender, F e granted 
ta a man's predecefſors; lofl fam cuflogig, Was ſathcient, 
althe there was wh pens ine taken of theſe; en- 
Rams; there bein aſige of Mig 7 75 . in 
chescharter, and Aber | 45 
the cuſtoins, being. 13: incor poritin 2 , more r gp | 
needed one, of, dhe patronage, of , wy "HOY Jur. 
163, Sheriff of Forres. .' 5 
ee, "A RENUNGIATION: of an 
net " habilis 5," ment, was found not to N carr 
nctrünf tramgſtrenadi dominii, apy hone an wt 
Fo vor of one Who has a reverſian; 25 
n caſe hors, is com ſalidatign. ee 
BY 4 Me relation „ 
ouble r ignati the 
leg bake fir det Upon W ries es 
Ea of — by the ficſt the reſigner igt | 
Lig nation... tho reſignation be attus Ih erfefturs 7 
411 «Digs -Jafine,'whe n taken, is dra d 
date of the relianativn.. dle. Jan. 1; 13884. Main 
A ſecond diſpoſition, : firlt completed. byli baſe ib. 
feftment and poſſeſſion, preferred to u prior diſpoſtia 
containing procuratory of reſignation, upon which s- 
feftment — ſoon after the baſe infeftmant; :in;reg#id 
it ĩs the ſaſme, and not he procuratory of; cefignatio 
that denudes the diſponer. Nur. 1 1 


4 


upon, which maxim it was found, That a r 
* does flot denude the * raſſal; 55 


N; 


"RR an. 5 65 , ii oi d eee 


5 
2 
Ly 
5 
9. 
2 
ke, 
6 | 
q 
A 
fo 4 
i 
p 
p- 
ed 
a. 
— 
. 
is 
l, 
ill 


INFEFFMENTMT. 307 
till che new vaſſal be infeft,,the caſual ues of ſuperiority 
fall by the e and not by [the.exquirer._ Stair, 

14. Nor. 16 Pub wia ee ee ne 
NOT WI HSTANDING. the ad 125 parl. 1567s 
appointing, ſaſines within Surghs:-ro:be 
given by one of 2he bailies; and common. N 
elerk, the Lords ſuſta ned ſuch -& hvac bf Hoyugys | 
given by. the ſheriff : cler. in feſpect thyre e oe 
were no. magiſlrates nor Tonus rlerk ins . Aton 
office at the tim. Di | BY Stichry 96; Joly: 1666; 
Thomſop.—-— A'Ghoe,/withzn! ee given by: 
the provolt anda notary bzilie and 
wel-, eee ive da- 
ine within burg hu being exeſuded ſrom thin otfice for! 
not taking the teader,71:.Stals;- 3Juls 1662 MhOmſ¹. 
——The a& 256: part, ene ſaficies ;waths! 
in burgh to be; given'by.the bailte;sand> common: #hcok,; 
under the pain df oullity; was intenged for the bene 


| of thoſe officers,/as a perquiſue to them j and therefore 


a baſe infeftment in burgage-lands,; givin bruhe baitie, 
not as bailie of the Burg „ but as] bailie in 1 5 ar 
3 clerk as a: 2 any em oP 5 Fl 
ing they were nat 'D 
1711, Nea ſound, Tha 
ment of bbrgage-lands from the King; was 0 | 
the tight ſuperior, tho”. the n of abt al- Bür- 
rows are reputed only the Ki zen; 
holds of the Kiug j and;there oo: cred 8 —. 
infeftmerit frum the hallies and town:cletk. Hauc. (N. 
ſeftment):". 9 Feb. 686. EKincardine. | CIJLHE 
A LIFERENT infeftment in burgage-lands, upon 
a pretept of ſaline, in n {+ Yo Sick. 
to be holder blench of che granter; was : Baſe i 
luſtained; for whatever may he faid for; rer iar 
the neceſity af tranſmitting the property 
of burgage-lands by public reſignationn ici? 
cal hinders a Cerviande ritude upon n 
eſtabliſhed by a 'baſe infeftent. Farb. 3- July 27935, 
Bennet. id 1 (Sb al 3 4 LY 0 „une sn 13104 8 13006 
UPON a ſheriff B reſuſal to inßeft e 
3 out ſ of wo chaucery, the Love granted, 
: __-- WATsp- 


— 


? - 


308 INFEF FMENT: 


Method of Warrant to the directors of 'the aber 
obtaining in- cry, to direct new. precept: pars 
felſtment . ſon ſpecially ee Fat. Ee 
an heir. that part, for 
Auch. (Sheriff )..1 2 
bar ſupplicant.—- .an.. jomedi lor * 
fuſed to enter à vaſſal, the Lords 5 Tha his fu- 
Leigh my dag: po charged to do the 7 Fr 
of their Lor eljveran 3. a petit t by 
ecepts directed forth of x fron a pet "Colv. 


ay 1581, Orin A ſv ard being dengtinced' re { 
bel, for not entering 1 b when. Neem thereto, ters o 
and the next ſuperior having religned the Kaperiority IT 


in the King's hands, the' sar « of the Chancery may. and t! 
give out © Ihnen for infefting the vaſſal to be holden N feft th 
of the fuer, Dur. 18. Dec, 1630. Stark. füt done 
immediate ſuperior be not entered, he may be char 

to enter heir within forty days, with certification, if be 
fail, to loſe the fuperiority Just ring his life, konform to 
act 1474, C. 57 4, he fail, Fa mediate ſyperice 
may be ſued, via's "Rep to: fy upply bis aid e. 
ceive his ſubvaſſal, under che ribs certification, with- 
out neceſſity of charging him with 8 af. the 


Chanc Dur. 29, July 1625 ; e er 
being ſerved Kel ects, bel Fee 82 A- Cas 
nongate, whic a-regalit' bavi Pr 
pel, * ſervice 'could no PEN — e's p Dec 
Chancery, precepts be aut of the cery * ed, to 
inſt the mere to charge him to infeft ; rherefore 
the heir, upon ſupplication, obtained letters: the 
Lords to charge him, ho declared, "That. ſoon as? 
the ſuperior ſhould be denounced; they. [would grant 
warrant to the direc of the Chancery, 10 ifſue a pre; 
cept for iofefting the eir,. for ſupplyin "ihe: 25.1 of 
the contumacious ſu 12 Stair,. 25 1 4 
riot, A ſaſine of a houſe, in a ert of barouß 
given by the bailie, was ſuſtained, it bearing the par 
ties retour therein inſert; extracted out of the 2 
ry, to be warant thereto, altho' it did : not proceed 
virtue of precepts out of the Chancery, nor — 
precept of clare conflat; and tho? the eving of ſain; 


* naked 2 was. alledged to be the peculiar 
privileg 


proceſ 
luperie 
Techn 
in mo, 


a Char 


INFEETMENT. 309 


privilege of royal hurghs. But here the ſuperior con - 
curred with the party. Dur, 16. July 1629, Scot.—. 
A ſuperior being charged to enter a-perſon to his pre · 
decefſor's lands, and, after the charge, denuding him- 
ſelf; the letters were, nevertheleſs, found orderly pro- 
ceeded, becauſe he was in peſime fide to denude himſelf 
after the charge. Spot. (Superior Home. 
WHEN the property and ſuperiority coincide both 
io one perſon, he, as ſuperior, may grant a precept 
for infefting himſelf as vaſſal. Dur. 21. June 1634, 
ſupplicant. |. Stair, Gosf. 26. Nov. 1668, Davgh- 


3 2 * 1 be... 


ters of Morton ſupplicants.” a 
IT was found, That becauſe a ſupertor was minor, 
and the lands held ward; he could not in- A | 
feft the compriſer j but that the diligence Method 4 
done againſt / him ſhould be a ſufhoient obtaining in- 
as if the compriſer was infeft. Spot. ſeſiment 7 
(Superior), 18. July 1624, Edgar. ——A an appriſer. 
[compriſing being led, and allowed in + 1 | 
fuperior's lifetime, and charges ordained to be directed 
againſt him before he died; but he dying before the 
compriſer was infeft, the Lords allowed ſummary 
charges to be directed againſt his apparent heir, with - 
out auy other proceſs, ain, or trial. if he ſucceeded 
to the right of the ſuperiority; becauſe, if he was bag 3 
judged by the ſummary charge, he might ſuſpend. Dor. 
5- Dec; 1628, Corſby,—+—An heir, ſerved and retours. 
td, to a compriſer, who had, before his death, obtain - 
ed a charge againſt the ſuperior; to enter bim to the- 
ande compriſed, did not obtain the charge renewed in 
his own favor, upan à ſummary application, tho he 
would have obtained it by intenting action for that ef - 
ec. Dur; 28. Dec. 1646, Gordon ſopplicant An 
beit, retaured hy a general ſeryice, to a deceaſed com- 
briſer, having petitioned the Lords to have the com- 
Filing allowed, and a command directed to the ſyperi- 
or to receive him his deſire was granted. without any 
proceſs of transference,” and without calling either the 
loperior orithe debtbr. Dur, 11, Feb. 6295 Fraſer of 
Techmuirie ſupplieant. A ſuperior is not #n cups or 
s mora by a charge, until the appriſer preſent to him 
a Charter upon obedience, and offer - ſome money 14 5 


D . e ens Ho et 


ee , Ap: Ip. 2-7 = 


310 INHIBITION, | ET 
his entry, and caution for what further che Lord 


ſhould decern, Stairs 9. Feb. 1669, Black. The 
like; Stair, 3. Feb. 1681, Ker. '24- June 1684, Of 
wald An appriſer havin ng eharged a wrong ſuperi- 
or to enter him, was allowed, upon x. por Sree. petiti- 
on, new charges againſt ths perſon who way'alledged 
fo be the right ſuperior. Dur. 27. Feb. 1630, Loch- 
tower ſupphecant, oo 5 4701495] 92h 2 N 
i pag b of a burgh, dr acoepted re 
a ſignation of a bugage»tenement,' in or- 
By a e- der to infeft the purchaſer; und having 
lar ſuccefſor refuſed to grant the infeftment; en 
aſter reſgęna- ſummary complaint to the Court or $ef- 
tion is accept- fion, which' was ordered to be intimated 
ed of. : to the magiſtrates,” the Lords found, 
That, in ref the procurators for the 
town' did ak deny, that ch ee e 
the magiſtrates hands, and accepted” of by them, the 
magiſtrates muſt givea charter, i in terms of the former 
ihveſtitures, und they 
HY to that effeck. 22, Feb. 1940, Bravo, :- 
CREDITOR, by by an beritab 2 dend — 2 
partial / diſcharge / and *renmciation, 
2 het Ahlen he.afte retited// on a fur- 
onr.7 77 7 ths advance which' he nate" 6f money, 
f 100. | ug v b new th io vo 


edle = Jene 8.2 


v. 1 P. 103 
y which a 


1 d Feretit tneans' 


N equity will eg il of 
Fac. Coll V. Tz. p. 62. Wilſo 6.6 ak 
- INFEFTMENT not OT Vo et Heals 
Iv: wee; | | 23 975 Nack fig 
12 + 7900 4 1 


4 NH. I 181 1 1.0. . ne 


f eee, 


ra ae objetted again an inbibttton char therk 
was nothing in the letters prohibiting' the 225 


5 fd +} TH nl gu; _ The "$581; "y 


4 


ted warrant” for Jettery of 


goiſhed. Rem Det: p. 58, Seen ＋— ; 
wy June 26. 1 1745. D ee xt 


INHIBITION, giz 
to lend their money to the perſon inhĩ · 


E 


bited, and to take bor 1, Or other ſecu- Stile of in- 
rity therefon; that, upon that account, © bibition: 
the inhibition, could. not ſtrike againſt © 
poſterior bonds, ne by theſe the heritage might be 
evicted; the Lords ſuſtained the inhibition good againſt 


* 


— * * — bd. 4 LOS 
” * 92 » o 


heritage, in reſpe@ of the general clauſe, Inhibiting and 
diſcharging the lieger, under whatſomever colour or pre- 
text, to buy, block, or receive any other manner of way 


from the debtor, a of his, lands, heritage, &c. in de- 
fraud foreſaid. June 15275, Competition Row, &c. 


__. 


to enter heir, the Lords, foupd, hat 
it was not à ſuſficĩient condeſcendence in the delt 
the charge to mention the debt in gene- mußt be con- 
ral, but that it muſt be ſpecial. Fount. deſcended on 
26. June 106, Davidſon.— The Lords in the inhibi- 
| ſuſtained inhibitidn, upon a general ion? 
charge, to enter heir, in ſo far as eon--r-f 
cerned debts particularly libelled in the general · charge. 
Forb. 17. Feb. 1713, Livingſton, : &c. Inhibition 
upon a dependence is valid, tho' it mentions not the 
ſpecial ſum, or ground of debt, upon which the pro- 
cels, was raiſed. Home, Nov. 1722, Competition 
creditors of Tar: fon fe net 285 


r 6 IE wo. od. 6 © We @ Tn 


and might be ſuperſeded: Smpliciter, i 
found groundleſs, *becauſe they were Inhibition: 
then looked upon as defamatory. Balf. paſs cauſa. 
(Inbibition) 11. July, Sinc. alt. July cognita. 
1543, Maxwell —— Yet inhibition, up- | 
on a depending action, was even then allowed; only 
ſome document for inſtructing the debt was ſtill re- 
quired, Sinc. 12. July 1544, Queen's advocate. 


Upon a party's application by bill, alledging, That 


i an inhibition, upon a dependence, was maliciouſly 
" WH "ied again him by a liferentrix, who was abſolutely 
eored in her liferent · lands; the Lords remembered, 


groundleſly raifed; therefore they diſcharged the re- 
zitration of it till trial was taken what ground there 
C va 


: — * XY 
S N = 


* 


theſe bonds, in ſo far as they 0 come to affect the 


AN inhibition being ſeryed upon a, general charge 


OF old, inhibitions were only granted cauſa cognits, | 


ar — — 
— p — . —__ —— 2 — _ 
Sol = = * CAS \ 5 E k. -4 Xa \ \ g F \ bY e 3 * 8 


That they had oſten interpoſed where inhibitions were 


„ Se © 


— * n 
2 


ee . o. 


3h . 


8 WitFoully,: 


3g 


. ar 11 


Be e Nero 
. M Fuel binders wt 
ee, 1 ee hg, 1290 8 
lang, DI R far, as they. 
9296 4 be . a e er 
e r's.. 1 
517 22. Fa Teri N 10 
* Kab d, Fe nd Vs 0 775 . 
E by opa ton. ebe terdicio 94 Eu C 
I, N71 8.45 "Ge. 15 0 oy 2 
jnds, To o it bars e Fea: ay Q 
th Cy ds may be attached, On it Pai 


'&Bt&r frm. alienating other h heritable, 
2 e any are in lerer fin 9 f 0 d N Red? 


— 


0 
ap fore, the Lords found an fell 
ai n 4 f bos upon wh c ii 
Ja nk ace wining A 10905 


7 1 8 of 7 5 40% ea, B 2 
55 1 ak petipio 855 . 

| A 0 E. b Far 

Ro ol Pong ka 5 Nga 

: a Ar fe 35 eee e 25 


anting of tl 
Spar the 8 
verre 


Jone 162). MN 
dition does nok i 
beneficed perf6n, 
tackſmen, 


eren, b | Fenewing 
( lubibition) 28. Jai 


years. of The old tacks, . Hope, : 


1 . ene 1 

AN inhibition, i thi opt heir of a debtor 
———_— hg 5-18 Jo, Reagke 

tered, nor by . 6 a. 
ſeeing thercufter f 56 | nels, guirenda, | 


and fold the Janos; go Hadd. 5. Ju. 
ly 1623, Kirk Md. Inhibition reaches both acqui- 
„is & adquirenda. Sale, 15. Dec. 1665, Elies. See 
alſo 27. Feb. 1669, inter esd. The Lords found, 
That inhibition extends not only to agdguifite,. to Ye | 
Rood in the debtor's perſon, the tirne of executin nnd fs 
inhibition, but Ake wiſe to adquirenda, if the * 
in the ſame ſhire where the · inhibition wy pu 1 
had been often decided. 1 16. July 2700, e 
tors of Langton competi DE 
4 AR T inhibited . bound to diſpone ertain 
lands before the · ĩn ſbition. ny imple- | 
ment ſuch an obligation alter inhibiti- Ha oe? on . 
on, and the ri of not be reducible, % againf{ vo- 
ix capite ts fidniss* but, on the con- lunjarydeeds. 
trary, will be preferable to any n 
or infeftment granted even te the inhibiter, Du 
6. March 163 1 Scorſttrver.——Tt - wag found 5 
man who is ide map, if he marry, diſpone in 
conjunQ-fee and el dee ad ſaſlinenda onera 
me'rimonii, fach à right n ing perpetual. hut on- 
q ſuſpendin all” bn Peri the wife's bree 
Colv. 15 1592. Cullerty. — An infefteneng; of C 
Property a tr Need, ex capite inhibitionis, nate; 
anding it . to a contract prior to the inhĩbitĩ- 
Vor. II. Dd. on, 


8 INR U LT ON 
E PET ibi 0 ai 
1 th ape ſon.i 5 ted became boung Ne a; 


| nt ent, 
1 5 pre Ho e ſa 


1 5 zehoved either to by 
3075 e ee i 7 
a2tzon} 1} 4> Mar | 
1 I. 12 | pl 
3057 Was 5 © ' Jo | ; 
9, that) 1 05 th A 57 555 b the 
227 in an apt! Fl 05 Fd x} 7 of LIES yu ſuc 

4 85 
te Boe bs, ee d Wers 2 1159 175 2775 Tum 1 1 P 
the ann ent. Ibition 8 
e liens: FN, gie [of 127 1 0 
1 inhi tion, Fes th 1 Fl being > 
A. Contra: . Marklage Tit gricp, is 5 1 {nhibirioh,” bak eat. the 
ng, an; oblig gation, 1% 9 the W hb las 1 925757 an ve 
777. 775 bum ; tho' here t 3700 125 rag TY 
neral And no ich i 5 her part arly bg 55 
Jer alene Stair; osf. 10. Feb. 180 ht 
6. Bk 25 227 Joly 1675 $s, Gorde on. 2 on f 
Ga 7 Ng n obli ation to 5 75 0 0 : 1 88 
e e g be e 1 AY 10 alkyl 
| e Tos 9 5 before the Fora 10 15 2 1. 14 11 
BET ali meg Ab 400 huſpand Ane 0 100 
Wan 8 fog 
12 5 deat 
1288 ty ha 
ltanc, 
of his 
10 
Th 090 18 070 E Saint all pee "oY 055 


Na 41 00 | this « guel ion, all rights are ph 
e 9 10 he is made” re 


| 
) 
| 
; 
t 
. 
J 
d 
| 
o 
þ 
9 
, 
9 
7 
l 
3 


hn. 2 


SO” RUE RI EAA 23S SS > oy 


INHIEITION: 


1730» Campbell. 256 A 10 i font bak 
tr being 1710 5 A ons 
Q 


adjudication, Ty 
bition, tho” the. 


on thexeo 
the 125 5 were , | 
ſum contained ul ofe 
quitable. Foune Lin, "169 NT 1 boy 6 — 
minor bavin 21 ſome. 5178 4 creditor, 
iy his ſecurity, "more 1 x 40 bu TW few monrh 
of majority, obliging, foto Teitera rats and Feld 
the fame; and, after” ajorit . ' granting t G | 
tor a new diſpoßtion the ihe-tendchenth, aud lome 


| others, for ſecurity of his Foyer, debt, but without a- 


ie ſpecial relation to the prior diſpoſition, « or the fa 
ligation Po bel bears af ſaying, Ttwas ji 
Fahey d be fully-ſecured of his ie 
Re ond diſp ofition add credi 
his laft di poo, by a 
1 "tb. 25 


© firſt, but 2 Fer br prove 12 5 
ba 15 nr 9 ee, right; without an aattde- 
dent cauſe,” 'Fount, ,1 3- July 1700, Dunbar pate 
ty having 4 he food inhibited at a create un. 
ſtance, diſponed certain lands to others, in im 
of his anterior band, to relieve them &f their obligs 
on to infeft 4 lady in theſe lands; the Lords founi the 
Uſpolttiva' ful cient] y ſupported 4 inſt reduction ex 
captte In. 101 | by the! bond of f relief granted 5 
the inhibitio on, pe. 18.4 Ay 1943, „Gordon. Ts 


1F inhibiti on Rrikes a Et Kane 5 0 . ? 


ons of wadſets, fengyci 


fent-rights,add' other redebros 925 hel, 12 res 
debated, but hot han Ei Stab, Wee, ? 
a7, Feb. 1667, EKkis—Betermined in | 

Dd. 2. me- 


FEN HTE HT H ON. 
he1nigutive ste tbes foo - (:Snnfe;/ Diet, 
A. Julyab6hidw— Bondi Np eee 
nualrens, compriſe fro: — annualrenter was fy 
Hddbed,/4ibtuichfidndo . 
. cod, Pute aſres lbhibjton; E fwad by: 
Lore; the:renvunciation..c Hud, e Keb. 252 — 
Fru wiz-Bot ſqundita mach renunciatiom of 1 
inen ment ai anna lraot ion diſcharges granted by in 
penn inhihied, upon: true payment. Stär- . 
r680,.M Clchlan: Sethe wr 19 aging tl gy 
2680. ann ue tubing eh, Je Pee 
Weda 26 , omni vnny; ae MO! TIIITAT, #. 
. INHIBITION: was\not: fàund. to exoludeton: burden 
enn  a2qgecoghttion::n Stains ib 1000 
= Þ 7 good a. Hay. Moni, ni March 263% Kingb 
gabnſk acuagr advariic This was when. the pany 
ſen? > mbibitedibimſelf,> who: mid in cher 
eee + I ſolste fea; had done che Med hich in 
ferred recognitions. But where. 2bg; 
cect icons done oy * peaio 


5 0 Ty 1 I a Now! 251 — 
ar 5 n, e gabite inbibitioniry it bj ot 
Bosa That there could beno/redudtion,? poſl 

. 3h gen 7. e direct alienation; — in t 
gin a con- which tight peſlibly ner Bl — 
Hitienat olic. iſt. c being a diſpoſition; pf, lauds5ovs BY mp 


: Aadign s YU randice only: The. 3 
bm Jon £557 nine to take effẽ c ſo on as their 
ang er ory bs pr? puridy.che carded 
tion. Stair, te Dec. 466% Hag 2130 
ACREDITOR having uſed inhibitic 
& ogy #bereafter.gpprifed forthe I ſuauj if 
a teduction, 4 e ol in 


nee ho 
e 


| prot 
: re 


ingathe defender 
7 W Wee 
” — 


FPS FP LTYT » Ta 


ſanding th&Eatienation, the bid. 7 
75 ad — lien 7 


' ASALE of Iaidoratnorfoundiedecible/vy 
wept mo pParchaſdwirhaten 


bound t0-appl Pl anfere- 
ments df hire Ane God, ire ; 


we nu e VW 5 5.009 e CW & 5 ©” 


tight; becauſe here the üer would. 7 


FNAETEFTTHON: 3 


which 1 relevant; in>veſpalt rhiowghar 8 
ligence, hy n hien ai[o.ted . 
upon tharde ** vrhir age ot 1077 Nr r 
or ert inguiſhed payment z dat! - 3666, 
Grant nee Thai [By Jul p:a690;! Hann, dn 
a redu dion, ax · &i SnblidHonico againttircab (i gbes, . 
the Lords foundtheliphibitibnupaNgeabls, apow oval 
nent of tha pringpaliannualrent[cand; 
bond, with rtipedt up the! — | 
aud W Ee. . | 
Falc. Harc. 4 Robesshg. 080 * 
A RED Ertl ON. ex Oe inbibitionis, has non; 
fect, but from the date:o62 tireꝛſenten% IId HT! 
becauſe lead of alt nation; hy asper- Inhibition 


ſon inhibited, f iet ſimplyobbid, thit fn ff - 
2 


voidable only; and therefore, d by- 
y_ e rents, beſbrethe Yate df ihe 'fen= deords Ru 
e; even thoſe, in h,, wniplified, * dudtion, 
vere found td belong tothe diſponee fand 80 bowiot 
affedable byohis;ereditors, / Fale. Rien ener. 
Feb. 1684, -Crifitbg (i 7 57506 2911109005) Zain 
IT ens fennd That ard ktbn bfg dafbfr- 
2 ati a pri credit ort inftance;; > 10 uoliioq̃tib 
bedimge iahüteen, could note Opera Wit 
the-lwd'qphriy3 be lwas ipfeſt, n Yve 
lawfully to uſe his infeftment againſt any Diel. 
other perſon i eſpediaſhjv to defend-thig> 4251 5 [ 
poſſeſſion again ſtœnthert who w00ld' pretend. no intereſt 
in the inhibition u. Dar 26, Jan; 2636, Borthwith. ., 
-A title may be ſuſn cent to fi a. reduction 
improbation, tho“ :redured, a di, inhibition; bo- 
cauſe redaGobsz x dapire ſabihlihu, are, a 
ſgraking, :declarators,”concluding2gol, that nqtwith - 
nad - 


Ae 1 . 
1 


it 0311 NY ved Ft 


vhich were prefer hi te ond Weluter's - 


—_—; qualify; 


We 


_— 14 


Xp 


. ce P12394 Confer C ö 


wo 115 li ef Leigh, Aapd 


e er 


1 


Ir: igteʒ ing it g he na yt 
> Ts 8 my | 1 Men 
we; 2 


INH, I. Iar, ION. 


e 
found < Pres | 


50 5 end N . | 
8 . 


1 eee 99 5 lay a0 1 875 rhe found 
Fen ly 4 AL "the docs. had, GEV b inſeſr 
Wen 5 creditgns, ibi. —++lt :was 
ound, 28 59 prior 1nhibiter wigbe mduce i een 


1595 251755 mg Pg the the ſemoompri, 


189 pay barks 
ipd bar s dort 21 Fbrehridhis reduftion 
bart gf che 2—.— see e iu deb | 

FREY [Bed md 03 % A » 


_ AN ighibjtigny{ beingexecutgd, agaigf! 

2 Re. ee 
43:92 | 2 

gon: ban he fame. Aer: . Dec p. Uty.. 


o 


Aber, e ng 49203 Hnieg 5 Hol i 
inhibition uſe SPA obligation, ſulpgaded u 
hy ou ereofithe Fafa tle: phab ability af 
S810 rgtalled, .. wh g. VI. Nen 
N 0: 2101 144i R 2491151 ad}. 5 
ee ee Fer. towing ende, 
we 1 $ expre + ur be flruct or Bf rnb ark 
tive. alc. $3 272% Car . I 


Inhibition ig gend agi der 
Ader Lene eres uigd get tlg market exo 


. Ft | 
ant Ma * 28340. 
af marridge, 


reg og | 
. ab 4bec 
25 


N 


ber 
[OBs: AQ] initiated 


Sq 
W ng cp of 
(AH 617 51s pre: Nuo 2 Jo 3184 % 
inbadeby 


terd-ghs 
wh hag geſided on 
. — 


Ly 


? 


Ec 


geo... 


24284 v5 =nrp Ez oym= 


INR re | 
iſdidien, N of de deghur 8 I 
— 00 ou excrete Se Uo e Ay N. : 
Creditors-of 8 
de pied 82 1 n 1 18 = | 
lands b 
beben 2 eee ee 
alſo, within fort 
ſhire of the 18 ed ved re 
a theſes gane Men 15119 Þ 35! 9 
AN Anil ws oſs ain bad Fry 55 
wiſe, N wh 11 1 h le. 
eauſe the execlit beer bat a Was 


veato-eachi toe oy nog ry 11 7; Ht * 
was en he them; the arts rope . 


8 
Fele. vold IIe „brelds G. wm 1 wy 9% 
""ROBERT- pr das. Re beth g. abr #4 9 7 

Hamilron,' aud Sir Nubert Milne, b their joint —5 
and to Sir Georg Hemikew by his wongs f 6 in 

| bition oy ainſt the em, narrating 71 0 5 

Jetter only prohibited contrations, Rere - 

by ane bond mig be be be prejudiced. md 
a4rguey] That the hib * null, betauſt a 1 
of the letters was not applicable to one of thes 
n 0 5 therefore” ne nell er 4 
krured;' Tus Lords repelted the stjesien, Fat. 


C 721 591. 


4 


do -— ne Cr Mo OE cat ad ER.<.. od 
ar * 
2 - 


SIN OTE Eo". OR 


Reo ig Patel; K. p. T5 


July 3. 270 L abs 
GABRIEL NAPIER,» Jobs. ang Shia 

and Mr 'of Delniss Had 85 
dam on the tate ' of Yao, Ten af e 
on inthibitionus It aG bz 
what Me, Napier A wer wh "wha 
_ been emed enn Sp Ky 

ſiye letters. vu Tad nö. his faw:affains; Und 
out part of the money 2 25 the mne; 1 
I of ir N afte> the e yer 22 
c virtue & Formhet hands; | 
'®ad 1000 e on” that- pp One tor Ge ub Hoof 


a 
& 
. 
. 
by, 
* 
7 
ls 
1 
, 
al 
* 
„ 
1 
ed 
* 
ls 
m 
C { 
! 
. 
Fe 
i=. 


ought. 


Buden: hi brother ireli&,) by 


* 
/ 


30 LTNOIPITION.; 


— n That 1 7 
ante anier g νν p 

i hihitionn fon that he arm before far Er 
hed; laid ot, che dahtor was tander.no ſpegial;obliga/ 
tian'40 grant this dbanifyacand for; lag. ui 
bo nt rag et tee Fant rnoge wot the Lagds f 
tained Mr Napier e ,p the bond. 

t& din en ee e e e ig 
eha>inttdicion Pbjsfted 49 bbyulofounn hien, 


inqecjudige.rof che dat-fecurad by: the ſpy 7 
toany part affe Ü eomaningd in tua 
fag bande Balcy Abt ,. [Reidt D. . 
god esw ad 10d ; edonsfligu>nus boog d, tw. 1080) 


„ hihi vn hohioined, ian ief: 4: 


on 
„ the daun de ie ? een 
P , oi t 2150.1 AT 311i Haie zin 
« ANc-qhibiGet Ir urbp the Hebt. und legal en- 
| quevEE; enn Stilars, Jan. . 
n odo T sli. to baztredjue g N . 
Bb dee nat pretend :the-a/iznacivn-: ot; an¹ν⏑,,Ü7 entw. 
: dus an an heritable bond. \FaleciveUcpy sen 
ond June z gh 4 be : Port at tel wen 
[BI TCW affects the lealt peeferdbla pfithegight 
againkt which it irikes, and mot the whole: of thaw, * 
rain — Dec: p. a . re, EHiota, e 
likes Bae/ Cel. e, 4 P3745 Com Lang 
creitdra; Jani $1766. 319 © 1 0 0˙⁰ 
2 
Far Colov;Jlip; t T Aug. 11.0 | 
r gr her der 
omann shi nted :by: him in iar en 
— 2 2 dotnd: 
2 hib third uf the lands c Blairtond 4d: 


Ul} ofor-Geourtty „of. Ber zauhuity bfi SS anorks; 
a far a c,! Phat if h& ſhould happenec.fel 
thevectinds fk morilä be öblige te fehonmeb) he A 
rent; upow u lgrancia g rer armnew ſuſſchixnii ſecs! 
Bro 2applixd stab thavd/thbe ibhibitibnodecalled; 
ſs: rden f That Be badiarbindentioto:felt 
RIG bao thro e ky 2 
tie — The ora embaryra t⸗ 
autionut c penoe ev hac offured to . 


20 $1091; + 


INHIBI Ton. 30 


aeg. le# ft L. br 308 de- bed 
del pern +7 wore — 2 


his rings. ws not fac, as Reh (Okngharied 
by the delay. Anfwered,: Phevidvontibu tuo fell e 
lands, vas to vaßus n reaſon for Gelb 
The infeftmenit in u Pear tuut ſudje&; cg ſhin 

not equivalent; iti h, he Be U 
ſides, baun8.46i>fefe) tüv fer Here v ud 
as the 6 was'aife#linlited: $6 male hee nb ten 


W rr 


in it would Nh ob an ee 
was not bout acbeptcbf h deR! innern 


which was not- equal , Thy fddurity? off landο 
Doctor was in good-circumſtances ; but he was — 4 
to make ſuck ovitiond! td hes ver i d den, 
that, in iheteve Ihis>deava, a coin. Her 
ditors might ariſe. The Lords rei ſtd to th in 
„ hibition;, . — 

rr 


e 1 So _—_— dof 3 * t 
172 an tt Forbol n 
ed an fie 9 080 1 eee. a 
for 3500 mevks.' Up -thisibond; Atermdrt Cerdon 
was infeft in 17128; and perſonal diligence: having been 
emp eee 0 8 5 

tion was obtained — — Long: 
for. the gt cumulate —— Scars] —— | 
Captain Adam Gordon) the ſon and beir of Aletinder 
Gordon, brought a proceſi uf ran and file 
Wikiaor gutherlamd, eldefifor sf! the ſaui johitS 
land of Linie Torboll. In this! proctfs, — 
ve produced for Neit M Vicar:of:Fer vonſiſt - 
ing of the: following writs: im extra abba con; 
ituct of marriage e 
nald Gun and Margaret Sutherland, daighteriofJobn: 
Sutherland of Lixtle Forboll,} with ronentfot᷑ il 
ther, and Alea ander Sutherland har hwöaher by 


oo” SS OS ES. 


to pay L. 1060 Mots tei A donald Gums: 
24s, A bond: date gai Mey n bgragtedrby-uere! 
ander Snthertands theo ef Lime Tanbeth: an. t 
an Sutherland. his;bratheto mhatetyy it ornoboention; 
af the tract o flhepoberams! bn h]“ 


to Donald —— —— 
anunal- 


r w SE 


che mcorityi = 


the faid hm and Alexander'Suthevlands dee end 5 


322 vn. Io A Mbn. 


01} 2:64 bes nin 
chairs ST 16 8; 
of In arlifer & 2 Gi 


a, 


1 5 2 
17254 =O 

2 yes 115 

poſition of the ſaid d 

yarn fo ll 

| ei between M 

_ of the 1 t r's 


e ow 
wi 9'%n b 
aalen 


* 23 
Co. v. 


poke 8 in vi 
3 Wo eb 
LW 1 the. ſucps, 
| EXPENCES, . 

t 0 beer, 


gene " es 


| Ab e 7 5 * 
: TK f _ bY 9 
Hon. . COTTON: 3103 2 i ber | 


e STI 1710 76 
37 BUT 428 TION. mos 1 vids f 


4181122 2 be 0 1 % F 1 200 th > ace 


pas 0“ Lid „J an Pom m e 
1931601511. aol Drin ebene Nis gnizd 04 5 


Arrferrg ler epa tnfited 65 8580, a uv 
FX ſod, without warrant from thoſe whoſe x 
wee ere fi "conplainers, and * . 
a 'ftithmonsraiſet” id their names, for another pn 
an” Baſe e A bad given warrant, was foung i A 
org Tile. fo — 23, Herden. Dee. 117 ; | 


F 2.24461 261 10 Hoi 105 


944 17% it, kt bak 
Ki ſe IN N VAT I O e 


4x en! not og $4110 


| was. desen, Tbar Fog tar: 0 derer: 00 
1 —— does Hot cut off prec . a 
rents ; dechuſe à man may renounce Fits be 'of 

| roboration, 


4 


bal = 


—_— 


mm a—_s COR 


2 HK. Los af 


wy 
4. * 


<2 ee 


2 — ww, i” cp On _CW© . 


„„ O_o 


un 7270 LOA een 
roboration,, and paſs Proms Jake, himſelf. 20 


80 on, dom 825 
they were e vnn, 24- 1696, 
Thy e of The | i | 


ty! to 2 
it, as not 
That the OK 


Grant. 11 2 ol 1 (21 2 OR nnn : 1 

"IN a poind 1 be ap elke! 4 
annualrent, tin; 3&; the. an! 
renter had thertafter” taken 1ofe we 0 7 FHF 
under the red; prin Berz ap Jom,. i re was 
contained r op 5 hat the ac. . 
ceptation of a new e id e 0 125 ag 


uſe of dar hat, i 1 
relled ; that, i 
recourſe to his, | rhe 9 J X 
june 1625, Raploch.— e 1 
A creditqr takes a vater aft, ſter ac 2, 28 855 

in corroboration, „ that. it is in fatisfaQtion,. 227 5 


lirits_to theſe w l. lands: and th Fe- 
rence is, that Re may recur to the ihe 88 


wadſet he r d. Fougt, 28. Nov. 

ETB ate Rankit! in e — on to 
Davidſons, merchaats in Rotterdam, to load a certain 
cargo, the amoizat wheredt)the prothiſed-to-pay ; and 
the cargo being fafely arrived. Blyd ſoon. porting 


adviſed Davic ms e c bhp 


there are th in The Jett cr 76 
pink if 'the accompt of the company ge- e 
„ Ta 75 ret ef ta 100 ps 57 ang 255 
rg al bis 775 5 they / 27 2 1% 0 
9⁰ to his particy ac comb — 
Rankin, the ch, 25 pal in to his is pro- 
portion of the price of the ca there- 


o; and t 
after givig]wdy, ine ar e whole 
price: His defence was, That — cad the purſuers, 


5 re WONT h EE 


p29 e e 


novation 


1 INSURANGE 1 


movation.of the debt, that releaſed him the di 
eſpecially having. upon the faith of the purſuer's — 
Haid in his proportion to Blyd: The Lords foltaing 
the defence, this weighing with them, — ah trans 
_ aRion:could- have no other ſenſible meaning than to l. 
berate Rankin, which was obtained: by Be u this 
view, to afford him n hs: exe, 20 
| 10 1753. nn 1 . i ; 


8 of Ditcber RY Meſſrs We and 
"Wallace, and vihers, inſured the ſhip the Michael 
And Polly, belonging to Join Melvill, the *policy being 
in theſe terms: * Be the adventore: upon the 
* ſaid e at and following, departure from Carrons 
4 water, and to continue — endure until the ſaid ſhip 
* ſhall arrive in ſafery in the port and harbour of Mos 
4 troſe, and during her abode there,” and from thenee- 

forth, until ſhe arrive in ſafety in any port or habout 
of the Frith of Forth.“ The ſhip ſailed from Carron- 
water, under the command of — Logan, upon the 
8. of October; but was, upon the 16. put in by eontt - 
ry wind: to che port of Dundee, where her cargo vn 
diſpoſed of : During her abode in this port, the walten 
with conſent of the owner, entered into an 22 
to go from thence to Burntifland, provided t 
were favorable, in order to bring back a loading '% 
lime to Dundee; and, in caſe the veſſel ſhenls not get 
conveniently to Burntiſland, the maſter had orden 
from the owners to call at Lime-kilhs,- and load lime 
ſtone for Quarrel · ſnore. On the 2. of November, the 
ſailed in ballat-from. Dundee, and the very net di 
was drove in by.ſtreſs of weather to the port of Anſire 
ther, ſituared within. the Frith of Forth; and, after 
remaining for to or three days, proceeded up wh 
Frith, without touching either at Burntiſſand or [Lime* 
kilns, the wind being-contrary _ —— of cheſe portꝭ 
and eame to an anebor at Hi 2 Jo» 
day, it belog then impoſſible t6 go > dire&ly for: er 
e as it was Jow-water- when the came tot f 


— 


J. 2B 588 


x 


ie SVEN [ 


En them upon 1 — — — 


immediately from Higgen's-nook to Hurntifland, there 


beg EG: OL Ta 4 


ther — and the aſſiſtance of the 


8 | ph 
A OCD 

Anſtruther, —— 

201, At any rata the boyay dereronn 
arrival at Hi [& 


ey hunſt li — the trow; — 


—— — Ti Gt — Sp was N EE 


venture. 


tit Ffwhoj hn 
—— ob» this? —— who — 85 
d haveſene the ute | 


Dn ens pagan, 
inwnded/eo-eatty)the ſkijs di Ola 
— e 
ig would ndodbubt ive Men Kd, 


ther port, ay totally his th Rants defcAVGPRP 2 

e urotiſfand ede habs 
———— bee v Win; e | 
like manner, ni oleweanl+' hav — ae Fes 


policy, a,, mg need on Rether dt WY 
Pr aan 
Quarrel-hdregſaad fit bad ira v 


* 2 Borgtifland-p r 
1 4 D . | 
VOI. 


SR TE ARS —cBnꝛͤ? ˙ —ẽù — . 3H > . Ä a a 


7 whe» 


; 


326 INTERDICTLON., 


whether on account of a ſtorm or low-water, could 
not, in terms of the policy, put an ne to the voyage 
And it can make no difference, that ſhe 7 ee 
goods at Burn tiſland for a perry Wy 

ed upon the purſuer's "riſk ti u fe d art 


arrive N 
ſafety withia a deſtined port or harbout im the Fri, 


12 Jo, Although, it might perhaps bave been. che pare 
's. duty,. as a member of ſociety, to go, what 
was in his power to prevent the loſt of the lip, 
yet bis neglect in this will not be ſufficient to lay that 

ſe upon nt Me unleſs it can be ſaid that he was afine 
in bringing it: abont. Bot there id no occaſion to re- 
Jort to this argument; for, in ſact, he diu every. thing 
in his power to get the crew ot board, and, upon the 
Monday forenoon, ordered the maſter. ich hire a 
to bring her up to Quarrel-ſhore ;, The Lords ſyltai 
„ ed the defence, aſſoilzied the und er writers, and 
* found expenees due.“ Fac. 9 v. Ale 
ae June 16. 163. 1 A Fj 


INTERDICTION/. 7 


r ** 10; 


N 25 ation, Net: 10 benen 12 
— diſpenc lands, We "the 28854 7 
and: ſuch per ſans, 
hat — nr 1m net 
- the-interi&ion. was not in the ordinary & 
\ fon bound; up, being unable to e "Ig 
e levity and prodigatity- | Stair, 10, Net. 0 IN 
THE Lords found, That in (he publication, of 
voluntary interdictien, no other. ſoles- 
L Solempitier... nity was neceſſary but the proche. 
oa een. at the market · croſe, aud dhac injimare 
32 veeded not be made to the parti. 
1 % 10s Dec. 1622, Seatons "Beg: TT ; 
© THE Lords Auer That K witdge « 
| intendiction puts not 2 
Wat n Ade to contract with the rin fp 2 
if bas before ſon ; but publication of the faterdr 
enen 1 e e Wye 


e Pre 
nn 


INTERDICTION,' 37 


Nor. 1586, Cranfion.—-—Foond, That à bond 


. 
* 


and this altho” the interdi@on was never publifhed,. 
becauſe the interdictor was preſumed ſufficiently certĩ · 
fied already. Hadd. 32. Feb. 1612, Graham. 
Found, That the interdictor, unleſs the interdictiph be 
publiſhed, may acquire, from the party interdicted. 
Hope, ( /nterdidHon) 19. Jan. 1621, Pringle. It 
was found relevant: to reduce a gratuĩtous bond, that it 
was granted to au interdictor, after the iaterdiction was 


24 July 1678. Grierſon——John Tennant having: 
granted a voluntary deed of - interdiQtion to Robert 
Spruel his eldeſt fſter's ſon, who was alſo writer there · 
dt; and having thereafter made a revocable ſettlement 


paſition, at the ihſtarice of the interdicted perſon's 
younger ſiſters, after his deeeaſe ; the Lords found, 
bat Spruel being the writer of the ſnterdiction, and 
; keeping it in his cuſtody, could not accepr of the diſpo- 
tion in queſtion; 'altho” it was pled, That the inter- 
lidion was never publiſhed, and therefore an unfinifhe 
ed dee] without any effect. 2). Dec. 1725, Tennants.. 
INTERDIC IGN has uo effed a to What ef 2 

nds not lying within the jariſdidtion fre PR - 

here it id © publiſhed und regiſtered. 

Mair, 11. Feb. 166 2, Ramſay, y. deed ts 


_—_—— E325 


nkiditions haye, and operate nothing as = 
0 moveables, nor do the hiader perſo - Ma, rio * 
al execution. Spot. (Ia ferdictus) ty, arte move-. 


dien) 1 f. July: 1034, Bruce. Stair, ſenal execu- 
bo, July 1691; Crawford; Stair, 1, ien. 
eb, 1662, Rardſay, Star,, 24. Ju 
618, Grietſon. A ſam being on ly moveable, the 
ords found,” That 'atiy inte dicted perſon. needed not 
te confent of His interdigors to the-upRſting: thereof. 


bunt. 8. Feb. 1683, Dayidfos,——Found, That in- 


edited liferenters may difpon& their Iiferent without 
Ee 2. | co · 


ated by an interdi&ed perſon, in favor of one of 
5 iter dc was reducible ex cepits interdictb s;: 


delivered to him, tho? before publication thereof. Stairy: 


of his eſtate, Fating heirs of his own body, to this ſaid 
Robert Spruel inferdiQor; in a reduction of that dif- 


8 


INTERDICTIONS have Gnty the we effet that , | 


eh 1637, Brown. Pur. Spot. (I. ables, or per- 


39 INTERDICTHON. 


ſent of the interdictors, ſeeing the jus formate of the 
Tiferent is not diſpoped, but the u fructut, which 
falls under the -party's ſingle eſcheat. Hare. (late 


| 

| dictian) March 1685, Irvine, Mie Nite 
_ _ FOUND, That a perſon interdicted may freely. dit : 
.-—_-_ --. - pone. a.ſaitable liferent, or jung · les 5 
Strike; not to his ſpouſe. Coly,, : yolg-+582, , 
againſl one- = Nola, the ratio decidendi here un t 
tous or rati- That the reli having à tere of .the 08 
onal dredr. lands, and being ſerved .therein,. un , 
Content to renounce ber teres for he 
conjundl-· fee. An iĩnterdided perſon being charge 
with horning, to do any hing in obedienci to bis. M. 
jeſty's commands, and to find caution ſor that eſfed; 
the  ipterdiQors having refuſed their conſent. to-bis 
bond for relief of his cautioners, the Lords ſupplied i 
by interponing heir authority to the ſaid bond, io m 
up the want of the intecdictors conſent. Hadd- 3. Feb. 
1607, Athole. Found, That af perſan .jaterdided 
couid got grant a tek, alcho'10 akindly tenant, with 
aut his interdi dots conſent. Hope, i A 
Narch 1613, Douglaſe. . An intergijtted- perſons: 
bond was:ſuſtaine ut £ K 


| d, altho granted v 
che ran to a N S 
his work and wages. Dur. 29, July 162% -Collingtous. 
—— The like, with regard to 2 bond granted for im 
niſhing. Fount. 22. June 4697, Bowman, &. A dips 
fition made by a perſon interdicted, without conſent a 
' the interdictors, was found not to he % fare un the 
hut only redueible upon le ſion a and: Pf dgeang, i by th 
that it was for an adequate-onerous cauſe, was, fon 
relevant, aud admitted to probatioa. Gos 
1672.———A perſon. juterdicted, having granted. 
for a ſum to his brother's children, with which fun, 
by the diſpoſitiqn of the eſtate to him, he was. alone 
to burden it ; but this. being quarrelled. after, his dead 
by his heir of tailzie, a» a; gratuitons deed ; the Low 
found, That the deed, having an antegedeut cafe 
Was rational, and ſuſtained the bond. Fonnt. 26. jo 
1911, Rae. Weta, This deciſion is alſo obſerved. Vf 
r Forbes, but as he ſets down the pleadings, all ren 
ning upon the power of interdictors, ſo be marks ! 


intet* 


1N EK B1 e TON 329 


ſnterlbeutor A going the ſame way, viz. That the Lords 
ſuſtained the bond (2s indeed they did) tho” gratuitous, 
it being granted with tonfent of the interdiftors; whics 
250 untainhall fays, was induſtrioofly kad 

by the Leros A l very \ — ow POTS 4; Lo 

A BOND, by an iote pe , 
was reduced;' for writ of the eonſeiir of al dre, | 
4 


1 


* 


— 


thoſe by When he was iffterdiaea, tho £ 
one of thety ff goed 4 cattioher, 4infthe” | | 2 
other prochiſe to ſubſcribe the bond. ral , 
Dor. 12. . erde 7 rwe 
AN obligation 4 by an Were Aar: 
dicted perſon; in favor ef his interdiftor, Heile: 
was found nuf by 'exteption,' unleß the aärher in 
receiver would f Perniam In fe in- rem lam 
trdift} cerſum fu _Hadd. wit. Feb. Hieff . er 
Wardfaw. 30744 % 47 5 20 - 
A PARTY e Hehe bim elf, 


* 


„ r de 


— ofition'to h -- ess 
late; and the inter pts,” , * Nell. 
thereafter 79 anch he then — 4 Mer 
ratificaribn "of the firſt diſpo the Fall, 95 by "the 


3 a Initerdl 
vontary cnc 4 fudfcid}; inkerdiettön; or 
where it is jd ria), I and C - taken r IPRgy 5 
topnita, 't ties E Falch of Prudent, when Ts 
not Fequilffe in 4 pine reins; 1 Ae 
the levity here bontinbed, yer" che inter tes 68e 

by the death 'of the Vber un hey AT BAY ati g 


and fuſtatned s ra fatſfßeation, 5 aſſofzisd 8 | 
redodion, * Fbunt ot Fork, 8. NE: 50 Hepbury.” 
| f g Nan 

tu ier 


REDUCTION? e 

upon this only Feaſon,: 4 ou op 1 
5 | he ac we 

edit 7 For where d. 72 


immaturely, | 
50 N. 90 8 t { 
Mae 19 eee liberty in ad 3500 if a ras 
iniſtering Oe 2» - 127 5105. tional fbr, 
Auchinbox 1505 910 reduced an Uation... : 
aterdiflion . 1ulld" alia eue, but de- Fo 
aavſe it was ye catiſ# cognitions.” Hope, (ge | 
Je. Jan. 1618; "Robertſon. Reduction of a bond of: 
Eile. 3: inter- 


* 


r 


8 2 


2 


ö 


2 


. 2 r. aſe fiſt the young man before. them 


% INTERD 1C/T/T OM; 


interdiction, whereby. the party was not to fel 
without the igterdiftor's conſent, or, if he did, to pay 
2 ſum of money by way of penalty fetier gnati⁰ , u 
ſuſtained, being founded on this reaſon, . That the par- 
ty Was rei ſus Providus. et non predigut, and that ihe 
hond of interdiQtion was contre bones mores þpotwith 
landing it was alledged, that the ſaid. bond was grant, | 
ed\ for fums of money, ef en couſa — apt 
the interdiction was not ſimple, but reſdlvad in n pe 
naſty and that the preſiation contained in, be bond 
was. not-impollible de jure, nor contra bana: more :, Bit 
the coofeffion of ſums. was not regarded, unleſz the in- 
terdictor could inſtruct real numeration; ſor the Lord 
rhonght, that the ſame, ingnence which ured ade 
bond, might procure the falſe narrative. Hope. 
terdiltjon). Dor; Hadd. . 20. Dec: Spot., (darqrdidim) 


rr ne rere er e. » = 


21. Dec. 1622, Campbell. ——Found;- That a wan 
2 terdiQed may · reduce. ĩhe. int ien, as being rel} 
pronidus, if no cognition was taken dy judge at the 
idterdiQion,. that the party 22 no e. -his,oun 
affairs. . Hadd, Dur. 4. Dec. 1623, 
redyQion of a voluntary. i Rio: at the inſtance of 
the party himſelf, the Lords: appointed; ſame; of their 
number to. confer. with him ; and, upon their, report, 
that be was rational 3 and, for anything 
appeared: hy his diſcourſe 7 eee I. 
ka „ they reduged in; being no 
arance for che interdiQqne... 51. July 
ilkie, —— In a reduRtion-;of; an integdivion,- 
n „that the party was: 
. }, on: this ground, chat it was elicited: from 
him 1 1 8 with deink: Lark Lords con: 


3 


1 440 
which 
and 


For, daa. hey ue on py 

F #5 he” could, "whores prler to SELL 
ſubſequent ;; and the purſuer,. for eliding the ſame, i 
--prove his frugality and pror ident S a6 1 
affairs; and declared, that, * nf "il 1 


-Fount, 10. * I 1698, 2 


* * 


| 


SER oemMMAppgreprvbggpgirmr.}csg um g boy 


* 


e BUG, 


UN-T:E/RD tC/T-1:05N; 332 


reduced a voluntary interdiQtion; made /ine cauſis engni- 
tiene, at the inſtance af the -incerdiged perſon, unleſs : 
the interdictorꝭ in fortification of it, would. prove, the 
narrative of levity, and facility, on which it proceeded.; 
but here the interdior. was: pallive, . - Fouot.. 23, June 
1699. Gorden. A lady having entail'd her eſtate, 
dut without an irritunqy de non aontrabende, d id oblige 
herſelf not to altet. nor to contrast debi, without con- 
ſent of friends therein named, and letters of publication 
f this interdiction Were raiſed, executed: and regiſtered, 
In a reduction, ex chte interdidfionisy; Of an heritable 


bond, granted thereafter by the lady it was argued 


for the creditor, nat this voluntary interdidion can 
ſigni nothing. unleſa laviſhneſs, .prodigality, o faci- 
lity, be alledged. Tbe Lords," nevertheleſs, ſuſtained 
the e as valid, and reduced the debt. Fount. 
23. ec. 1703. Ro . 92211 40 DD 1 PT i 

THE Lords fauad, That an interdicted perſon, can- 


- 
— 4 


not ſo much as ;{ve;rednRion; of FI deed : 14141 15 8 
of alienation of -moveables. deue by him Redudion up- 
after the, interdiQion, unleſs bis interdic- on this brad. 
tors concur in the action. Mait. 14. | fo udomm com- 
a bond, granted hy the in icted perſo n 
to one of his interdi ders, found, That he needed not 
the concourſe of hia other interdĩ d ors to the reduction. 
Hadd. 22. Feb- 161, Graham. The iaterdictors 
may ſue a redugiag of an alienstion made -by.the-in- 
terdicted perſon, tho he doe not concur, or tho' his. 
apparent heir, after his death, does not concur. Hadd. 


uaned p. 327, it was Alſo found, chat it was e. 


* 


22 - — OY . 


| — Or op TY ˙ äꝛyIx —ͤ . ⁵˙—˙ 7 !N ̃ ARA 5 4 IS eo en 


acquired by interdiQors,” «Anſwered for — 


the affairs of the interdicted perſon; they 


| them is to adhibit heir conſent, iu token Kere 


admibiſtrate; from: Which the law may 


3% INTER D LOT W 


to found a reduction bn this head, that the imerdiae 
perſon himſelf, or his heir iv teſed; 4+ 254 zn 
8 DONALD: CAMPBELL bad 4 -valunbIb2*wadtr 
from Mr Campbell of Shawfield, then. 

Lu 4. demption of which was ſuſpendect · io che 
Jon.” : term of Whitſunday 19607 he ag at 
2 tĩack from Sha wffeld, whieh- us te . 
pire at the hag timo. Being à weak facile man, he 
interdicted bimſelf to ſome of his relations; Colin 
Campbell his brother was one of them. Tveive yean 

before the expiry of the wadſer and tatł, Colin Oamp- 
bell applied to Shawfield, and got from hith d Fat # 
both. Donald, with concourſe of his other interdic 
tors, brought an action againſt Colin, concluding} that 
the benefit of the tranſaction ſhonld be communicated to 


him. Pleaded for Donald, Rights fcquiret 275 


curators, factors named by them,” and, iff N 
all factors, agents, and truſtees, ren 0 
ſon's lands for hom they an, deere to him 
the ſame rules ſhou ld take place, wi 


is no al truſt between is terdictors, and the perſon 
interdifted; the interdifors: have no mat ent of 
on = 


e 


counts to render of their eee eee the ys 
poſed in them reathes no furtlier xtran the 
ſtate; all that id expected of them, het 


probation of the acts aid deeds'of the ihterdiaed 2 : 
fon : Nothing leſs than actual fraud would Te 
ent to conſtitute a — — an ho er 
theſe reſpeQs there' is, „n manifeſt an 

tial difference, between the caſe of an Treo a 
the per ſon interdicted. and the cafe of 
curators, a conſtituent and bis factor: , 
the truſter, E By the nature of the e 


from the truſt by them 70 ly” ene Ire 


bound to ad, in every reſpeR, in the 8 
neficial for the intereſt of that perſon 1 7 Bi. 


preſume, that every right acquired By th ee 
ing that eſtate under their e genf, 225 for 


con 
* 


TOTO Oe Rr So ONE . 


INTIMATION. INTRUSION, 3233 


eonſtituent's -beboof, or acquired by his means, none 
of which can apply to the caſe of an interdictor. There 
was evidence produced to the Caurt, that Colin knew 
of the intendiction: but the evidence: was: doubtful - 
whether he had adted vader the interdicion. b 
Lords had aſſoilajed, but, upon; a reelaiming petition 


m Donald. cyan a diligence 10:recover ;writin, 
— ove that 2 acted under the intergiQion, 


the "Lond 6+ 93 the diligence.” Foy Col. v. III. 
p. 28, Campbell, Feb. 5. 1761. 

ONE cannot interdia bimelf to bis wife. 4 begun, 
illicitum. 


BOND.. granted by. 40 interdited, i Wan 15 ng 


rm cauſe? See Pe, 


i TREES! 


in TIN Are 


Back no” -cfefual without: datos. 
ARE 6. July 4676: Irs gains 1665. 
nn ene r GH } 32 700057? ei! van 
a uus n n K 11108 


— 4 NT K US LON. 505850 | 
&: ane er hg. — 
ous intromiſſion with the rents of lands, bee 
jt para not libel his on paeiog: Sine. 14. 
1 42, J 434 $12 £9 TVs, 7.59 } 2s 
7 ARTY,,,removing; dingt. l, bie goods, Ge. 
— the ground, anima famaineadi: the 8 


Forbes. . 


That he. _ not thereafter ſue int. ſt the 
1 who entered in mac Erik, 26. 
June 159. 


11 at 

A REMOVING . Toltained, ke lence of 1 | 
compriſer infeft, and in paſſeſſion-above a year; by up- 
_ rents from the . the defender uns 
infeſt before the compriſing, and had alſo a gift of life. 
rent clckiay, in reſpect he had not attained the'paſſel- 
ſion in a legal way, but by entering to the void poſſeſ- 
hon of the hauſe clandeſlinely, —— the tenant re · 


mores at the term; ie pee. was not put to a 
new 


% AIT ANI. x 


74 

new action of intruſion, but his right of ba 
fuſtained by a reply in this pros of removing y. Dur. 
7 Dec. 1627, Lauder. TIER 

_ 1 THO" che natural poſſeſſor tan anty olains forage 
tum in litem, in violent profits, yet the ma 
ground may fue intruſion fot dipolelBag. the int 
Gant for the d W Poe 16, ert hy 

t EZ; A 


y 


[1RRITANCY. 


 FEU-CHARTER was ee 
24747 l bn. 1 two years running on unpaid, 
lac, ob tho' no ſpecial proviſion was made there- 
non ſolutum anent in the charter. Balf. (Few); & 
canonem. A 1525, Abbot of Cambyi enneth, 

an. 1533 Prior of Charter. I” 


1 

ne ſame "ary with reſpect to Jands feued 
by the King. Balf. (Fexs) 5- Sept. 1517, 82 
and his comptroller A feu was reduce 

Act 25. parl. 1597, for not payment of the len dug 

for two years, altho' the charter contained n o clauſe 
irritant. Dur. 25. Nov. 1623, N Melfofs: a "It as 
found, That a back-tack ou he to expire for not pay- 
ment of the feu- duty, in py manner as is 
in a tack ſet ts a tenant. Hope, (rare os vg 
Diſbingtoun. Fount. 29. Nov. 155 Pike 
| IT was found, that where the c aue 


ned, "That the tark 050d ft "Flt 0 15 


rr terms ſhould run in one, the'expiring of 1 
irritancy, ob two terms, without payment, made the 
non ſolutum tack void; but where it bore two term 
| NO: running in the third, that then it re- 
quired three terme to expire unpaid, 

before thy: tack ſhbuld fall. Hadd. Et March 1611, 
SCtOR.—— An irritant klaue, | 5 1 
terms Should, happen to run in the third ng 7 t 
caſes dec. it was found; that this able imported, 

| That the third term behoved to be complete.” Stair, 
Gosf. 19. June 167g, Smith In a declaratar of ir: 
ritaney of a tack, foonded on this clauſe, *# Vihar, if 


WW Q_2SIopMmRy amo ssg 


— 2 & © 


22 =8TÞ” 


> s = 
9 * — bk. = 2 — 


rr 


5 . BW . ANCE FE oth 


- 2 HOP LOOT & wel PE 1G, 0 0Y &3S > .,0 Iv. 


IRALTANGY. 336 


« caſe 
ment o 


rack. 

IT was | Gaal Thar af WAV 
not ſue reduQion of Gd Gem not 1. What i . 
ment of the di ties of the 7 4 wherein ſuperior ve 
he was not infeft, Hope. au, irri not. alt 
tant) 16. Dec. 1614. Lennox. 

IN a declarator of irritancy of. 4 back-tack ſet by 2 
vadſetter, for not payment of the tack- 
duty for two years; this. exception was 'Whet i part 
ſuſtained, That as the. purſuer bad poſ be paid 7 © 1 
ſeſſed a houſe of the lands ſet in back 92 
tack, the rent of it behoved to impute in payment df 
bis back · taek. duty; and therefore à part of it bein 
paid, it was found. That no. irritancy was inc | 

Dur. 18. March 1629. Barclay. In a proceſs of re- 
dudion of a feu, ob non ſolutum canonem, within three 
years, the defender. was affoilzied, becauſe the purſuer 
bad received a ſmall. part of one year's. N e 
27. April 155.3, Biſhop. of Dumblane.. . „ 1 4 TS 

THE Lot found jhe jrritancy in a 
feu, oþ non Falun 1 N not incur · kia 72 Py 
red by mauy years reſts, but allowed a c/ax/e, ſi pe- 
time to pay and purge, becanſe the tatur tan: 


n . A. , 3 tun. 
was 


— 


Ia. . Bonnar A rentaller afligni 


8 
[3 
7 2 
* 
* LY > 2x # 
* 8 . * 
: £ : 3 , 
0 a 
s 19 
6 
| 
I 


„ A1 AN. 
was never demanded till this ——— 
. Feunt. 2 27. July 1580. Mar. +44 4-1 


wh RENTALL ER, by ſettirig che as tb gd, 
10 . feits his rental. Dur. e 


r 
fancy, upon 1 part. —_ fo med a 
aſſigning, or ts. oft; 
6 — mY —— 2. Feb. 4670, . 
 Fental right. 2» (Rontwller)- 14. Nor.“ — * Nicniſon 
A rental vas fe n rte, by 
way of exception, the rentaller 1 aſſigned more 
thaw half of the rental lands, without the maſter's con- 
' ſent; but if-leſs than the half had been aſſigned, the 
_ +irritancy would not have taken effec, +85 to the 
part afligned. ; Da#.' Hope, D arch 
| 1623, Craigie —The in-putting of ; fubtepant has 
not the effect of a forfeiture,” where there is 
- diſpoſition, or other deed done in vit. 
2633s Clegbora. Dur. 5. July 1625, Ay 
rental being ſet to a man; withour' 
or aflignees, and be [nevertheleſs — — — ya 
the retita} was found null, by exception, at the inſtauee 
of the ſetter. Spot. {Rental} Auch. Rental) _ 
26, Feb, 1630, .Logkbart. ——An-aflignation 
tal havin Taken effe@ by pe fon,” . 
feiture of the rental, the ”s taking 
i the. rentaller; aſter the irriane / nt This incurred, 
5 4 found not ſuſſicĩent to ſupport him in args er 
1 Dur. 21. Feb. 16 175 N — 1 found, 
| That the ſetring of tacks'by-2/ rentaller, hieb rental 
. contained a clauſe irritant, if he made any diſpaſnion 
: or alienation. of the; rental, did annual the ſame, but 
. Es Ch ventabler's: ela 
March-: 622; Naben | 
3 made by rea Is Dor of his own 
Children. was not ſuth a" doe a5-to.make-the rental 
fall. . J 5 
Maxwell. Found, That a rental was entind by 8 
rentaller, bycompact excambing with andther ow” 
ler, where the rentals were bot of alike _—_ 
a ground, 


: "ies 


g Sgr. mo ce mos cm 


a ſubſet frow | 


2qQ023S8SgoMroOGpMSe%syJy 


and therefore, the aſſignation of ſuch a rental was found 


SATO EESESTESSESPASITU ESSE SPRENRT AUT ATRIESS 


IRRITAN CY. 337 


ground, and where the excambion took effed, by ex- 
changing poſſeſſion agreeably- thereto, and that the 
rarties had lol ebe benefit 'theyvefy; ahbo? in; the con- 


tract of excambionz' it was provided, That if the ſetter 
ſhould not allow thereof, the contract ſhould be null; 
Ratio derlei, This is eluſory, as in the cafe 
of a vaſſal of ward-lands diſponing, which cannot fave 
fromr ition. But where the contract never took e. 
ect, and both parties, notwithſtanding thereof, remain- 
ed in the natural of their on lands; the 
Lords found otherwiſe. Dur. Auch. (Rincal) „ 
March 263, Galloway —— in à rental, gi - 
ving power to the. rentaller to input and output te- 
rants under him, will not entitſe the rentalier to aſſign; 


to annul the ſame; not only as to the allignee, but as 
to the rentaller himſelf Dur. 21. March 1623, Wal- 
lace —— A rental was found not to fall, by being aſ- 
figned, where it bore a power to remove, output. and 
_ tenants; and to ſet ſubtacks, and to give abe, 
hts. Dur. 5. March 2629, Ley. 
lik ueſtion occurred, Whether a A 0-8 
. eluding uſſignees, was void 
upon — For the affirmative, h 3 
the authority of Craig was given, L. 2. fuch an affige 
Dieg. 10. & 6. Stair, E 2. T. 9. pay nation as to 
On the other hand, it was: pled, 
here there was no-aljgnation, dense 2 * 
tack, ſecludiug aſſigat es, falls not under 
the jus j ad, £fto, there was, the aGgontion 
could only be annulled, but not the tack. Sec: Stair, 
rodem ſitalo, g 10. i f Anſwered, The adminiſtra- 
tion of the tack,” as well 4 of the profits, muſt, in all 
events, be in the huſband, which was 'virtually ſuper 
inducing another tenant; and that this was a virtual 
alſignation, which: could not be retuced;; and there» 
fore, nothing was! left but to reduce td? tack itſelf y 
and that this is the very be wget e by Lord Stair, 
F 26, feats ym 019 ee Jen. 
1734, ome, m ene eie | 
A FEU n bee: 
e . „ ee had 
ö 


IRRIT ANC Y. 


2255 
had deſtroyed the woods, 9 
5 Sr. and conſequently 7. had contravened 
in proferning the cauſe. of granting the feu, wis.' for 
#be ſulject, improving barren: and waſte: grounds, 
infer ep Balf. (Fes) ia. May Ap 2 
n. ln an adtion for 
upon this e Sen 
e e ee expreGly bound * 
take care of, were neglefied and deſtroyed. „It was en- 
ſwered, That this — a ſtatutory irritancy; nor 
made an irritauey by the tack, and therefore enuld an 
ly infer an action for damages; which the, Lords faund 
relevant. 23. Jan. 1 29% Koxburgh Ane ow 
was. ſuſtained againſton removing from asche 
yards, upon a rental, conſtituting-the defender, 
tenant thereof; altho' it was .alledged,; that che 
and yards had fallen intu decay, by the, defender s ne- 
ct, which ogbe rte 3 rental. ns. 22 
an. 162b, Lenn oz. A 22 2 Hün 
LU Set; A Tack dembansded tu 1b reduced, 
fer is prepter nen folutum canon by the 
vob a uoidanoe {pace of many years, will not be re- 
the igt, d ſrom the time of .tbe; firlt-fai 
enating.it lure, ſed tantum 4  termpore:ditir: moe. 
neee Hadd. 5 March 16. Seatan . 
A FEU being taken to a man and b 
Teige wife in conjunc fee, and, aſter the Man: 
non ſolutum deeeaſe, ſhe failing for two years do pay 
canonem, the duty, the fer charter was fouad not 
Ie for effre: redueible, except a8 to Her Jiferent,. in 
tual againſ! 1 prejudice: of: thei:heirs — — 5 
eee, April 135 Maſon. Ho 
AI rien): 23+) Dec. — — 
Three \perſond being bound in a tack (daving:a clan 
irritant, ip. eaſe tworyeats.ſhqvid zun in the third) one 


of whom was ta enjoy. during life, ad the other av 


: —— till the expiration. of the debe abe tac 
5 „and the two others another, n 
— u mere unieαpngeue naler tantum 
the 3 found, That the tack was irritatedy by dhe 

kalure, ian bo them dll. Col. 5 W Gi 


15 '" "LANDS 


FFI TOVDLE STE ST IONS Fs LS Fr RAS, 


2 
9 


IR AITANC „ ͤ q 


LAN DS being mortified to a convent, on ee | 
of ſaying ſo many maſſes yearly. for the 
ſoul of the-donors; aud his predeceſſors, If 33 
and in caſe-of failure to return to him: . takes place 
was found, That notwithſtanding ſuch where % 
maſſes were prohibited by-law, (i that, condition l- 
per cos non Roti, that they were not ſaid). comes jn 
and althe' al ſuch lands were, by act of Preflable i 
parliament annexed: to the Crown, yet - 
the eng os took (place, yen their failure... coin. 
ps 51 P 

ADSET, — | granted. under reverſion, and . 

vpon proviſion, That ir. upon requiſiti - 
on, the principal ſum and bygones were Irina 
dot paid, the reverſion ſhould expire; avbew gorges. 
requiſition: being made, and the ſame able ond 
not obtempered, in terms of the contract, D, Patum 
this more, wag ſohnd not purgeable, al- Jegis com- 
| tho' the money was offered at abe bar: .miſſorie-in - 
Hadd. 19. Feb. 1618, Barkeoch —— pigporibus. 
A wadſet being, in the contract, de- —— 
elared irvedeemable, bi redeemed upon a premoniti- 
on of nineſcore day before the term f the ſaid clauſe 
irritant was ſultained, aktho” pour leg 
pignoribus be rejected: by the; common: law. 
the Lords refuſed to-. align a day to the defender to 
purge, becauſe the reguiſitjon was 0n- ſo-great.a num- 


1 ” 
—  —_ 


der of days, 'and the defender offered not G rd W 


confign the ſum d. the bar. Pur. 1g. Jui 1625, 
Naienae . Irritaney of 3 reverſion of s given a 
vadſer, incoered by not payment of ey yearly annual» 
reut, was ber Sic £4, ; but the Lords or- 
dained ſome. to deal with che purſuer to oonſent to thè 
purgatioo, if the whole principal and annnalrentsvere 
paid at the- next termi Pur. J. Feb. 1628. Pringle. 
Proviſion being made in à bond of borrowed _ | 
that a reverfiofl; contained: in; angther ſecurity, ſhop 
apire, if ihe borrowed money was not paid at the time 
appointed q the Lords found, That ſeeingthe'borrow- 
er died before the term of payment, and that there 
vere only two motiths run figce the ſaĩd · term. the fai- 
lure was purgeable, ce en ſtanding the aQ of ſederunt, 
| 27. 


$40 ꝶ v IRRIT AN. 


27. Nov. 1592. Dur. 19. March 163 1, Scote 
perſon having borrowed Tay, pen | 
the ereditor, by difponing lands in the ps 1 an 2 
ſolute \diſpoſition; taking, at the ſame tine, a back - 
bond, declaring, That the lands ſhould be redeemable 
wichin u certain limired 85 by the pa ment of the 
money; redemption was 1650 r anf time 
before declarator, this bein ; commi( 
8 in pi noribus. Dur. 8. er 163 
wadſet was granted, 5 2a 11 70 dear 
That if the Le A992 did not put the wadſetter in 
feflion of the whole tenement within a limited time, the 
reverſion ſhould” ev/ ipfe expire: It was argned here, 
That, aftho' the Lords are in uſe to ſuffer parties, in- 
2 irritancies thro“ neeeffity, or perhaps inadyer- 
tency, to purge the ſame, this. cannot be extetided ton 
wilful failure, where; the reverſer obſtinately refuſes to 
remove, or put the wadſetter in poſſeſſion, The Foes 
| ſer was allowed to purge the failure. by poſſeſſin 
VPadſet, and paying „e Stair, 25. Nov. yy 
Sawer, — Clauſes irritant in 'wadſets A 
before declarator. Stair, 1. Feb. 516 : 
——In s ſale for e competent price where the pur- 
_ Chaſer has no power to require his toney; the lands 
are not redeemable, but within foe: e the 


terms in the reverſion. Stair, 17. Jan: 1679, Beatſon. 


Lands being ſold; for an adequate pol e,io 2 par- 
ty who was not ab ante creditor, a back-bond, of the 
fame date, obliging the purchaſer'to dn,‘ upon 
payment of the price within a limited hows was found 
not/purgeable; Dalr. 4. Nov. 1918, Cutler ——A'par 
ty ſelling lands, and getting a back-beny of. reverſion, 
bearing, That a certain 15 was K e ang . if the 
ſeller did not redeem by ſuch a 
be irredemable, upon the purchaſer's. bars 
further ſum; Both which together were Tok 70 
; the adequate price of the lands; an 152 made, 
and a declarator of redemption raiſed, and the gell. 
on ng, Whether this was a wadſet or a 29651 
al fale? the Lords found it yet purge: ble; but that 
the purchaſer might have no trouble ble "declared 
Ore if he was W within three weeks , the hn 


purchaſer On cominuin - Np 5 
| em red 


IRRIT AN won 


mould be bis, and chat there moſt be no retention; on 


pretence of catfing bim compt'and reckon for bis in- 
tromiſſions with the rents 6f the lands, the purchaſer 
2 caution to pay what" the purſoer Gould after- 
ruct a _ him z ſince other wiſe the purſuer 

oo Keep v] — Wee delay lim with a'tedi- 

80 flag rb Fount. 23. Feb. 4 Kin- 
tore. = Ereditor,” 1 had an expired legal, enter- 


ed into an agreement with his 'debtor, reftriting dis 


adjudication td a Tower ſum, and granting # reverſion 
for fx yeats, with this expreſs clauſe, That if the re- 
ſtricted ſum was 22 1 — within thar time, the _—_— 


on ſhould, % Expire, and the lands belong 

oy ear e upon Loved of a certain further 
S Upon wörth of the reverſion; 'the-Lords 

found, this Was not patund egi commiſſoria in igwork 


bu;, and that the irritancy was not porgeable "by pay 

ment of the N ſam;after the teverſion was epired. 

Fount. 20. - July ;Athoſe;—FThe Lords ſuſtainedre- 
nh 6 80 


demption d. ſeveral years after elapſing of 
the time prefixed for uſing g redetaption, by a'back-bond 
— 1. Forb. 15. Feb. 476, Lung Lands 


Gſporied irredeemably,”but the purchaſer giving 
by eller a bond f reverſion; That, upon payment 
ſuch a ſüm betwixt and fach a term; he ſhould — on 
the lands, otherwiſe they were tõ be bis in pre 

ayment of | a certain” further ſam. to- the ſeller; the 
ds not being 'Fedeemed at che ime- Sr le Port adn but oy 


er, found 5 . breed 
clarator of redemp #297 "aft Extinction; not at the in- 
ſtance of t be diſp hioifelf, var of che purchafef of 


his eſtate bes a ſudicial 155 55. Foudt. 3). Feb. 1706, 
Erſkine A man havi H fo! 
a declaraddi from' the por hafef, Thar the Telter, . 
ſhould have ſbofty? 2 6 e years after his 
ſon's return from Re road; (w bj ſe in abet touching 
the ſale he es Sender 16 know) to tederm the fands, 
by paying the thoney: then | given-as the price thereof3,. 
and the on Raving ſhortly thereafter” returned, © bur: 
for four years thit he lived, never havitg fig nified his- 
Aut; aud, after his death, the father railing u de- 
INES = | ol arat or- 


d d a e 9 


2-6  I®RITANCK |, 
clarator. of redemption, the Lords found, That the 
order not ad, the lands within the three years allowed 


for that end, the lands were not now le, in 
reſpedt the back · bond was granted ſeveral, months after | 
the diſpoſtion, and ſo not guns centradius Torh ah, 
Fount., 29. July 1309, Stewart. 
IN a declarator of irfitancy againſt a ſenen, for-fuf- 
fering two years feu: duties to rembin un- 
246. leritan-; paid, it, was found, That if the declare: 
. ob / non tor proceeded on ad 250. perl een 
vtem 627 0 e mae: rgeable by. . 
DONE. the bar; but — it 56 
e fen- 


[if the irritanc 
right. "Beate, Go; Bee, 1664, Fer 


ent 

iogly.the conventional i irritanoꝝ was found net enable: cel 
ts N . prior of Pluſcarden. Ia the the 
caſe, the def Ea. offer to. purge 33 bar, vn ela 


2 F 
= e , col giv eu rod ct 


—— The 9 © Kage þ loved where the conventiana} 
ncy is in a tack, Coly. 15 
Hay, 1 Mar March 1611, Seaton, 46. Jure | 
3.5 Len Donaldſon, . Stair, Gilm. 16. Feb. 1665>: Hep» 
| Stair, 26. July 1678. Pourie B if the 
4 has 8 probable ground of ignorance; tho it 
hy ignorantia jur 7 8 he is, 3 to I the dar, 


upon. payment en DN e 


0 L 1 
The Ct Ip ans, to purge at the bar, where 


ir was /pagioned ; that be, . ald be ani, upon 
of payment < .duty for » Gngle- year. 
March 1 2, 5 bike of Ork t. 

moving) 4. July 1628, Saugby op 

3 declarator of a, 8 5% 

ereditors on 8 ate » {oluta 


which ipcitage 
| the; orc Joung 
was ingr. old in the ; 
5 to the 28 or: 
Trays tothe l 
CANonem, was 


abt * Þygane 4 en, 1 


lr. 


I'R-RITAN'C'Y. 343. 
* till long after the intentinę of the cauſe. Hadd. 
. June 1605. Wardlaw.— e Lords ſuſtained a 
declarator for:finding- tack dull, ob non ſolutum cano- 
nem, altho' the tack wanted à clauſe irritant, unleſs 
the tackſman would purge, by payment of the tacks 
duty betwixt and a certain day, and find caution. for 
payment thereof in time coming. Home, Nov. 
1682, Phin, A legal irritancy of a tack, 4 non: fo-. 
latum canonem, was found purgeable at the bar, or-be- 
fore extracting, ' by Hy the bygone tack-duties, | 
Fount, 29. Nov. 16. D 23. ** I 729. _ 

$5 i& 12 1 

eas ia a 8 obliging the hele to 
enter within year and day of his prede- 
ceſſor ls Leah; under the pain of loſing ztio, Other: 
the feu, was found/purgeable before de - 'irritancies in 
chrator, Fount. vg. Dec. 1693 3. Baillie. feus, tacks, 
—— A party being rentalled with: this nd. ue 
proviſion, That if be made over his right 

to any other perſon without bis maſter's conſents he 
ſhould loſe his rental, ip/o fafo, without further pro- 
cels; nevertheleſs, in a removing, the Lords found, That 
the purſuer behoved to obtain a declarator of icritancy, | 
oy the _— could be NCA 0 7 7 75 : 

pot, Removing t. 22. Jan. 156 O 11 
. ekſman havin 4'a verbal ſub- 
ſet for a year, a declarator of irritancy intented after 
the ſubtenant was removed, libelling upon à clauſe in 
the tack, that the ſame ſhould: be ip/o facts null, upon 
agning-or ſudſerting, was not ſaſtained, the irritancy,. 
a already faid, being pur pargh ou before i my ORE declarg- 


tor, Fount. 17, Dee. 1) 
A LADY, having ed. 4 peo bay WD of her life= 


 redt-right,/in deer 


4 


Ae and, tonal irri- 
8 dener - tancies ia 
at - bargains and 


by a poſterior. deed; it 
that if the ſame were not p 
the day, the renunciation 2 old, contratts.. „ 


% facto: this ppt being a penal irritan - 
7 was found got purgeable. Stair, Gosf. 10. Dec- 
* Cultequbey,———In e berwoes.« lie, 
rentrix 


STE SEHTLEESEAS 44.0% / Ren 


tecoming bsesd de reliare her: of ber 47e, Conven- 


$44 FE I'R RTTANCY. | {Ed 
rentrix and her ſon; ſhe ſhld and diff 


to him, and be became bound to Rr hore 
ſum leſs than the' liferent; at two terms in dhe year 


with; annualrent for eat Eee from the ny 7 


payment; and there js this? doe "Thar N 
Seuld fail in pundtual payment of the ſaid” ai elit a 
moſt within a month after carb term, thei the 
San have full ani free recourſe to ber former Fi 
hove diſdoned : the Lords found the ierttaney hot 
able. 12. Jan; 1729, Bürnet.— A lady; Rg e 
ſtricted her liferent annuity in ſavor of the heir, 
this proviſion, That if the reſtricted ſum was not Tay 
paid by a day, the m. ight inſiſt for her ene 
the reſtriction be null; and the heir, after" 7 2 
tual payment for ſoche years; baving fafl &. 
Having adjudged for her fall Bon6i cfifics & 
of her cight, the Lords ſuſtained the 'ad} ee 
the full annuities Gnee the . a ; bat ot not Wl prec 
ings; and found that the failure peable 
Home, Nov. 1681, erte. We f Het the 
Lords found the failure pürzenble by the heirs red? 
tors, but dechared, That h in Lee irriranty was there. 
after incorred, they ſhould not be De rye 
a ſecond time. Home, Nov, I — 
One having feliried en alimentary ii RY a hv 
merks to L. zo Scots yearly, on condition of tankfu 
payment; and the'debtor having ae 
ed, the Lords confidered, That aft e Ren du 
and up Der 
upon t ecerned the full 2 
| — + and in time coming found oy 
7h ra wales ils debtor alſo paid the reſtrſeted ſom 
Within Ab days after each term, Foont: 38. June 
1694, Dewar. A creditor, having tränſueled with 
his debtor; and accepted of à leffet n fe = [2] 9, 
under this condition, that if the ele Act pune: 
tually paid at a certain tert, the ered tor 1 
to bis former right; and the term % e oe fi fed"with- 
aut any offer of payment, the r 
Ties here : Gil. 8. Ian. 166 63, G 58 0 
where a party tranſacted an 117 93 715 
the. 


debtor... But. here the party _— to pur | Dyer 


n 
* 's 


22 A £2" =» 2.0 go wo mn. ©, 1: ev» eh YO BD © o&. a 


S. auaÞyrnGGm  mwmmg a Hi OH UB 151 O97, 


IRRITANCY. 346 


the debtor, but a-co-appriſer. Fount. 21. Dee. 1907, 


Southeſk. The like, where the debtor himſelf was 


wha offered to purge. ' Bruce, 27. Nov. 1916, 
contract 


5 


8 4 
n- 
* 


5 


FS. 


"Fs EFT SST TITS So Ee = Eo 


pers 
ormance 


of 


— 


% IRRETANCHYY 


formance after elapſing of the day, -46- Jan. 175% Sur 


ling. Irritancies in tailzies are hot pörgeable. 
Home, 1. Feb. 4726, Stewart, — A party having taken 


a-tack of his on tithes, and e for a —.— | 
8 boos | 


upon receiving a back. bond. w ith this qualit 
againſt a certain term he produesd n better v 
copn tithes than the ſetter had, the bond 'flhoult 
was allowed about three years after elapſiny-of the 
term, in in ſuſpenſion. of a charge on the bond, te pro- 
duce à preferable right, the irritaney not heing. de- 
clared, ſeeiag this wan . a penal. ir ritaneys © For- 
bes, 8. Fount. 9. Jan. 4508, Cochran. 272 
being infeft- in a yearly annuityt for the liber an 
high-way through her, ground, with this quality,” That 
if the gravter could” produce any prior agreewent; by 
a certain day, containing a lefs ſum Row that pow a- 

ed on, then the granter of the high way ſhould re- 
ficia. herſelf thereto; and the ſaid day. being elapſed, 
the-Lords thought; That altho' the limited For 
producing any reſtridion was eJapſed, yet et the failzic vas 
(ill porgeable, and if they had any ſuch paper, it would 


be: yet receivable; the taking advantage of ſuch _ 


by ow ee Ding aba la. Founte 25. Dec, 2109 
Milton. bs 122 r 2 

THE Lords 7. 4 \back-rack, duving: the mt 45 

\: demption of an annualrent, Containing 

Offer of pax-.. u clauſe — caſe of not payment 


ment, \if” it. of the duty, to be null, in reſpes. Ns. yon 


flops incur- payment at the torm ſet dow! 
ring the ren trad, Atho' the tackſmen had 2 feal 
i offer; dein tempore becauſe" they bad 
1 1 dot con 
1595, 0 iſhop of. Dunbel I feu bein granted 
à clauſe irritant, it, was found. not ſufſicienc to 
payment to the procurator making r viſitjon, but chat 
the elauſe irritane was incurred, --unleli: payment, or 
offer, had been made to the ſuperior or bis chawber- 
lain. Hadd. 18. July 1610, Torphichegi=—A/ provi- bf 
Gon, that;a reverſion ſhould-expire in à cet dme, 
the reverſer did not offer the money, was found ſuffici- 
ently interrupted by an offer with confighation.. | Dur. 
20 · March n Johnſton.—— An offer debito ſempre 


ar | 


„ Hadd; 3. Jone 
ped the money. Had 1 ik 


e. 
n 
is 
. 
he 
d- 
r. 
y 
an 
4¹ 
* 
1 
or 
as 
0 
al 
. 
e 
Z 
18 
al 
d 
t 
at 
r 
. 
if 
j- 
T. 
j 


1RRLIFTANCY, | 397 
tho without conſignation, was found relevant to purge 


2 conventionalelagſe, ircitant-iocurred, e now folutum 


canonem, at the time of the diſpute, the money- being 
oduced at the bar, tho' ſuch an offer, without con- 
nation, Would not gop the courſe of aunvalrent. 
Fount. Stair, 26. ſuly 1678. \Powrie;—=The 3 
Mait. 4. May 536, Biſhop of Moray. | ; 
A PURCHASER of an eftate, bound hicſelf to poy 
2a certain price, and to relieve the diſponer 
of all bis father's debts, of which a lift was Later d. 
to be given, within 2 certain time”; that e, 
time wa» proragued, and & little before e- — 
lapſing of it, it! was given in; but new e 
ging, the Lords found the purchaſer not liable for 
theſe. Fale. vol. I. p (ors Inveraw. Der. 23. 7748. 
THE ſan of. an female; Who could not take 
an eſtate, without es a name and arms, was found 
nor excluded: by his mot not having born them a 
of time during which.the' poſſeſt, nor by his not ha- 
ving born them himſelf for fone: time during which 
the. eſlate wat polleſt by another Fale. voll I. p. 18 
Hamilton-Gordom,: July 23. 1748. aue 23 
CONVENTIONAL irritancy-of a tac, not 
able after decree of 2 is 477%. Nr Col. 
vol. II. p. 482 Clark. March 6, 1569 
A PENAL: ircitaney, where 838 of the 
condition depended upon the father of the donee, 
purgeable any time before — Fac. Gol. v. HE. 
p. 1. MWDanal. : by ov. 26. 17660. ene e Af 
4 SONVENTIONAL- britaney n rack} by which 
it was provided, that it ſhould not be allowed to be 
purged at the: bar, found! not to be purgeable. Fac. 
Cal. v. III. -p. 5 Weir 4 June 30. 761. 1 ; 42 1} 
IRRIT ANGT upon r conſent.” "See 


Condition. * l 1 444 C13 A ASL, SF ren. 


72 


. GROUND-of r; 4f it wil prevent” the tr. 
Un gn Mace? er jon. 

T0. whom. ext t the benefit of an e 

bee Jus . e Perſe ny MES, i 

geit | ENS 

44450 JUDGE 


i . E 2 J: 7 
wor cnfzränr 


"MARITIME: cauſe t 2 
ſtratei af a burgh, ſu 
'reafirred Yale. a e 
mack, Jan. 7. 2 3 
AN election of Ir 
from the King in N — upon 3 
in a burgh, it is cmnpeteht rd try the validity 0 
by a ſummary complaint, before the Court of 1 5 
Fale. vol. I. p. 218, Couts, © Feb 1. 252 24 
Il was feünd, That relation to an abjechbr u f 
| title to and en the roll of frechelderb, did wb 
_— Lords, ' Fate. . I. 61 Ea 
r Ir Ae. RS 1132 g 857 4 . 
ASFRANGER'b being io Scotland img rempnind; 
fa contrading a marriage, a deglarator of it 
found competent againſt him there, after his cling 
the country. Falc. v. I. p. 9% Docs. S 1745 
TIE admiral, in eauſes mercantile, 
warrant for.arr ae cantion is Grands, Hae 
v. II. p P · 182 Nox. 3. 4 en 
.A "REDUCTION, being intenzed. 
to the King, for the uſe. of, an offices 4 the reh 
which had been put in ſuit in the court. of 1 
and a plea put in N e 1 was 
the Lords had no ju OR > long .as 


Billet, Ge. 
'HEN « þ eines wes 
+ ply, i in dividing yaluations,. co 
; them be ore the C gurt F. 8 
review. Fale. v: II. p. 238, Jon... 
to THE af Ly; 785 08 appointed, 
= Fele, "vob JJ, ion ; 


? 


N 1 
£4 ” % . "I f [ 
"75 $ Toy tag 511 8 1 N 11 wy 575 
ö $ 76772 wt» 7 | #55: 2 
AY ? * 2 & P3113 9 1e tra , 
- * 2 8 3 2 0 ".- { 
CIP > ESE ot > 7 * ais N ba 


8 255 401 


bh... i — : 999 


— 
2 


* 
22 5 


OE 
* 


7 . 
- ** 
* — 4 
bet. 1 


1 — 1 


MO TN DIF 95 


43 1 i hn r be, of lese A 


ALE. 


Vt bb Wt | 


eee Whereas" rar. 
Kore © 2 as the thouid + : 


> ad 5 - 
%. > ? * 
s . * . c 4 
. 
7 - 


A VASSAL;, tho infeft um curiis, 58:1 


their own bailies; \w | | Ae t 

be his dena. 2 =? od Th . 
the Lords found, That by this: gran 

ended tit eee Jeri een 

to vaſſalyy\ Awhichthis « 


e e. ee 
| the baikery of juridd! 
caſe is. nor 8 —— 


exem * nba n 
E SE d- To 6 2 


„ble x + 7 a | 
A : A +3 > . pA TN . wy 


OY Loi aw 


- ES RN © IT 23 


a. 
— 


FFI 


Fir * 5 


- . 
* f by 

ry - aq 
i N 4 


] 


1 


THE decree © 
the! 


*., Fer pes T_T ff 5: 


46 lde B . got 11 "O87 "noys tyarts n 
pare of Jurte. 
Od: bi takes {ho 


—— 9 4 ogy WK it 


_ nr 


"the Le 
—— Tale 5 d 


— 
cen Gan 


out 2 [= — Door 


eee 


Wise 4 8 ; a 
þ ing ge by" 2 a eue Ben zt the , 


5 D —— 


; e 


28141 


—_— 
* 


Fer 


E 


dane een Wes ing; 
= ing upon the r | 
Mk ren 8 _ 


Tide open d the deed. Da: 2 March 1627, Iv Th, 


ii 


— 


[4444 2 


: 


a * 


im 
4. 


SS SE ESESS 


wt * „ 1 £ 
B 
31 
N 4 
n 1 
* 
o * &'s "# © y . 
7 


* * Y 7 5 5 © + TY 15 7 - 
is hor ffulpfent; i the. jug} 
» 426 jug 

tb brig We e Tntatics; and -cKi 
oh, mY 5 2 64 3 * * 5 
# i 2 ] - -F E * 8 
eee 
g LE . - 
| Pn 


| 


4 
* 
1 


*  & T»»>rE &..0 BP 


= 
3 8 
8 * 


3.38.8 


8 


oh * e * 1 Wy; eh 


/ ou " 
* : v 
oy * 
. 


== = 


ri 


S. » 
2 


2 of N kas 5 a een 
- <8469tiqz 


TSI FIAF 


8822 


2 


{I 


EC 


o 
* 


eee 


4 — 
TIB 


7 80 ven! 10 
#7 NA * en 0 


tf 
| WU Yeats 4/6 


VV EYEVT BYE a ͤ ET EEE OLDIES Ss VAST. 


ds ny 0 
ambulations and 1 vit in ſtan 


rſuer ter to, 
E que 


_ ſelves; adgel) d 
he — 
0 e Lea Davr.m0eg 


SFS SS Z. FFI F888 FFS zig 


n — 
* 


Ffir res Nieses OESTS ESE 


Tie lende hawng | 7 
to.de canminnd er Nasen lor, E 
eauſe of dhe: abii gan aud debt hen? an- 
in contained, di — for ur, 1110 


age a ö N WW 
pear, -þeforgctivemn, — the 2 443 = 
matim, thatlea qu {apt i. 1 * 

gari. —— Lane ae Lundiec im u apbeddion 


fie —— — 
Cbsf. N Ae a Lngef em, IT 
iazdoid | 


erte * 


* n b t | (el „ 6 b: » s : 
— — e * 8 


ech oe 
2 


decerned 


rere reer 


out ce . the = quotas, or ſoe 
ceſſorb to e in a SES 
hpi of entail, at. — — 


epce, to. he given in e 
Þ e either bor 


— Bien in nor . 
miniſtration of REN: — 


by ar Fee 


n DA HP. Ate, or SR on ß Ot a OG 
x 6 ; 
* a N 


ry dletflods. *Phe f 


e 77 ler A 
Os. DR 5 8 
. er 


on, as if che png, Woh ad the the Rom © 


1 
lies eee. i 2 25 


er 8 fra ex 

og ei farm bear, 

of | et _ ſhe- 
6 


. ger Pie ors diregions in | 
the OCT aver method” . 


9. June 'rY&#; M#Robert WH t. 0 
berif6rs mare G 


AN 
the: Idle 


—.— . 


7 * 5 va ores Ty 
the * n 


Anu tine ue e ne IE 1 
e e 
0 y ty . hs * | 1 
— Een = 1 


2 varrant to of 


1 
4 J 2 


4 


len che LOFAY K 


Dee tee e "hw l r 8 
12. ie Who Rad a = 
Vor | uty 


e J. Nets 160 CF h N. 
duty pay ble 1. ont. 4525 lands, 

2} bill, „Berit on's, bei 7 

. Ireng, © Ry ak 


Fore, 
Tat if 


5 Matter; an 
3 £ wear 4115 . * 
i A Aaltt I. U * T e Nr ih 529 21 

10 107 d To e e err ig eee ant 

— 3 be DE, öde LEY th e olondb. ere 

* * n 


. 
% 


jun 18010 ＋ 10 


by parties, and 
5 —.— Pens 
1mogHith re- 
far i ime 


One 5 


wie: 94 mornk of 9 at — 


repe any ſuch ledgeanee of improbation, the Lords 
found it iniquity, and a juſt cauſe of advocation. Dur. 
att, Nov. 1830 . — That impro- 
bation of executions? or wtits made uſe of before in- 
ſerior comri be ſued before them after ſen- 
tence. Hopbs (Coneriifſary )': 28. A e ere 
Gon. Stair, Diel 6 J 6% Co. 


r Ä Xii Roo 5 6 


XX rr eee en ee een 


» | 1 4 Non 1586, Heme, 

INFERIOR judges may proceed in contraventions 
' of fmall oe. rye eſpecially. where 
the fame: & aste of lawbuar-. 3tio, Contre- 
rows fou1 7 own courts, and e; JPET 
vhere- the [pain h ſal. Dur. Hadd. ee ee 
1. March fai, Marcel 4 n 44 

IT was found Thar the: 1 and-bailjes'of: a 
town; (the ſame: with reſper. Sab info. n 354A 
or judges) cd 7 
pronounced by t et Peau v Guil „ "of N 
gainſt the defender 'n heir, becauſe they tet. 
could not kr ey Ser 4 e e ee e 
transfer it; bt unde any 19 r judge n 
transfet A ds eres giv en in Dr d, eur, ſuch — 


thereof. 
n. may be judge in an action 


ort before whom the 


eper e T3008 WIE es 
ſering, unleſs the repreſentati ves live in another ter» 
1. in hich caſe the Court of E 


* 44>. i 


where the! dire@ tnanner is not extant; ind if they: . | 


de tan ſit upon an e- 100, iche. 


t: transfer a decree v0, Proceſs. 


ring bei dad dene ſtep to: the execution 
urs: x Goren +(7 Tran ſerene) 21. July 263%, 


bis on decree Dur. 18. 


D 1 1 
RT 2 


36% Jus 10T1ON N 


No inferior judge can unlas ig more than IL 
Mares or Se 8 E found. 


extent can. 


ty fart 


TI 7 1 by „„ po 7 275 
Our iſuliction an. b., Bailliey Den, 17. U 

-N e Gae for a; blogdwic, 

*L 100 Score, impoſed by. a King's:vafſah u 

not a Barch, was mbdiged oni % a 294-1 | 
an. 1622, Steward of the Ner- And n fe 

| | „200 Scots, pronounced by a bailie of: , ** 5 ä 

= Luſtained: Stair, 30. Jan. 1663, \Sthwarts 
| THE Commiſlaries cannot be judges in rendite 

their own decrees, but only Abe Cord 

' | ie; Cops of Seffion; to hom belongs: 

= review (heir: en of all decrees. df ed 32 — 

un m | Hadd. 29. J 4 paper, Jorg :@vif: 36. 


themſelves. Hadd. 29. Jan. 161 1, Tee 915 
ges can ſummon a party to ec | — — 
* in the ſame proceſs.” Dur. * Feb. 1657. Service, 


—_ iy Farms in ie 


* &- 7 8 

At. 

* . * "F + 
vacan 


i Z 3 * * 
e 
* - . _ 
* n 


* * 
q 


that N fell wikis of | 
then, in effect, the dime of vicanre ccaie 


1629, Banff. | 22 52 


he dtd * R r _— * —— 
* — E , — o ” __— * 


„ 


2 r Ws hs WW... TT IL 


ou >  ® Vw W. » _ 8, ROY _mNGS IO * . 


* vat 5 DFeOTroN 36% 
RTT. WMaviow . Fe? becaoſe 
—— guſt, by vir- 
It; tit... 
| DS" to | 


Fon, the 21: Au 


58 fd fepelled Te 0 7 2 ect of the pre- 
a 100 egy ee but their Lordſhips were 


de deeds flulf in time comin 
ire te ct tory or ef 
| In Y th * ar 1 
t th tipal” clerks: oe Yelp for"the eſeiipts 
of Weiß Feats; dee „ Foonr.” 15. Jan. F711; 
Nr © dds fou | 


8 . _ 
Fo vh6bnved” bn the | 
e 


4 


* 
4 2 9 4 For 75 
* 4 * 7 4 4 1 
ALLE vr 
— 3 7 280 * 51 
2 8 5 11 


e ay, 75 Ihe 


5 8555 kD . 


be gn 
5 eg 


TH 


1 


8 e tn ee 


Nog th 7H Ps Ars: Jon... 
jon ©, RPE: 3 85 
5 periba prefered "ard „ 
8 400 peru caution! eo per wh price offered, to- 
the clerk of the adinifalty; wi e under 
2 pegalty; the Faiped 525 Admiral a. judge: 
A £,"in's proteb "the 25 of His p ny 
inſt the p e 7 1 t 
Fualty e | e d 157 not he ah r- 
fs of raph; Pod. 26. Jie „ Htg 
The FOOL orated in Je a roce intented 85 e. 
Heb 3; the- 


— ————_ + : K Y l 
a a r © me —— Y - — 1 i * * ki = 
. 2 A — 2 « £ Y _ __ o 
1 * 


— 
= — 


1 18 DACT 1 O.. 


the Admiral, at-the i 
4 . abroad, for money 


by wy ah 4705. 
petent to judge in an 
ranted ta a tang, .1 
9 from abros | 10: be. 
bg ;eauſec; . 


A * „ 


2 es i by the Jodg 


A Fon che july 
7 sind 16, part. 46 
eee 


mn iel 
" #4 I? 4 77 * "7 


45 Ya. 15 I. 


190199107ION.. | 
| {ay | we for a" a 


het bas. + + 
Or e 8288 4 


8 
2. 


1 s 
go 655 - 


ne, Bin SLE 
' 1 oy 
20 25 8 $: "rs * . 72 115 
* 


EH 


8 157 


Nö, 


358 JU RIS 510716 K. 


$395, eee, eee d eee 
Ire, on cobrt, bei — 1 — 
3 ide ties of tice ron end WE Ae 
Mnſeft was infeft t RU 
ene. 9 1 1527 75 | We 45 N 
| e His tenant in N wii-tourt,” f 
ung e lie tenaft ar Hs ene 
ſentelf thereto, und the vgfſut being in) 
n heres . epeärt 
_ _that*this would eg 
the Lords found,” | 
riot t&a'j 
reit fame, 9 
nants; ep 
cadſent.'* 
ſal infeft by. 


4 * A 
2 or. 
was prefer 2 | 


for W 1 alin 

N . Dl,” cs 
Þ p49 ##:/ . 

. — 

ENR is K 


; * 855 e 4. AB sil T bad 


ür d 
6 * te. ths 
* 5 h 
© 2 


1 Ty arkh Pb 


. = 
Lords, is an 200 -At : | 15 


eommiſſuiries'of Edin EMd nden FA 
ts reddee the. dere Nor 1 
being dove, that they are — nnd can n 


remit 


jonrSDroTroM./! __ 


the e kad eres eiche it | on ber find juſt; | 
and therefore: Tanbü., ches che compailſiries- of, Edin 
burgh had noright t confirm this teſtament, being in 
another dioceſe, and-fo preferred the: - rity ©; + 430] 
ſary, Teuun z. July. 1697, Commmiſfaries of Edin- 
burg . n ws "qa 4 „een 4. Hh TTY TILTED 
A COMMISSARY: was. found intompetent to page 
in redudion, ofia wack of cd. þ crane Feat 5 


2 pores erik. . uriſdittios.. 
both parties be kirkmen. Mait. 24% M. tee 
1654 — The Commiſſaries, conform to her 
ancient: iofrpgions, 112; March 103, Were ond 
judges competent ia « ſpolistion of Linde, exclufive of 
the | ſberiff; and all other inferior! Cos, 1. 
ha. 1569, Wend dupplicaiit.dThe deeresioF a Som- 
niſſary, modifying:£. $0)Scots'to 53 fot u eue, 
vas reduced as avir Judice'; tho ip was aliedged,- 
that _ 2 ' theitancn law have er made 
commiſſar es. competent to-attions nher faiariit 
medicor um, *: Dol Hadd, 26. Nov. 1629, Liddel 
ET his death; daviog (er down in is oh- 
book the 7 5 ' | 
parties: executors re). commiſfury ; i 

to hear and! fee the hand- tit of the Yook ec 9 
de the deceſsd'z,avd that Ae. was debtot ft. 


3 25 ne 


oceiſey having a peculiar, file not 
known in; an other coun! Þ GS 
committed, inzquity,' the | ooh mie repent SUSIE AIC wa 
tefs, it in a ſuſpemſiou . Fouat. e. Feb. 1693, Graham. 

. THE commiſſaries decree i | in; — 
aceediog; TL. Sc was” 2 


ins A Ln Og eee Y f 4k 2At\ 


- 


J U R Us 0 © 4 
PF * | 1 ; 
4 br 1 n keze 


Lale, that. e 14.29. . 10 0 Mei 7 
tler cane, 3 8 A detxes 


eee. null. Fon. 1. July 5 ed 9 
Out 4 A a7 | 5 5185 nf 

A in; Ee ei he 

es to admit any probation but by the; « 
jp unleſs the vale of the dauſe excetd hot 4.4 
and if a not eccleſiaftic exceed char tage | 
may be alſo ju; - thereto, the ſame being r merred t. 
the deferider's oath, if4heſuhjeR exceed nat SO merks; | 
but if it exceed>that ſac; r elle, er- 


red to onth,: the ;ebthmiſfaries: are I 

judges therein. Nora Hadd. . Fa 
And ſo a decretr prennun cen b an inferior: p 
millary; upon the difthdars: beibg held“ 45 55 „ 
vpon the ſum of LG Scots; was:: ee. Dur " | 
an. 1630. Aldeorn, . The aries of: 2 


t judge in Faſes debe bee "why che 


refuled-to Lee a dedyers 8 ae aryl cardifmifiar 
- ried; wherein a; matter Way” infeod-referret}i+to+bath; 
and the ee ee eee ware 6p 
on L.80 to. which! did not m ebe a 
merks, to which rent err; jariſdidion" is vreitarif 
Dur. 181 N — LOH 
HE Lords fultain 5 endunten 
cochiniſfary lor L 120 Scots, bee! 
terme mai of a "hodffe, at Lok fe 


any ee cupite | 
(c ie "rg. "Jan: 

1624, Nichmed d A 2 rn 
. Nee titel fta, was found nat e 


Dur. 
: LA 


Fe e 


ſucd'! a :commidſary/ tlie tion decent 
ſum to which commilſaries are Jimited;/ a 1 
as had to the allegation of-aro/eulatzsViheliue; 2 25 vj 


the defendet is liable (however many ide articles be) 
' ris nomine,as as in one general action, and upon one dah _—_ 85 ve 


RHS DECT-I.O N. 381 


and 0. . 8 * 8 ,1)-Dp the . * 
tair, 8. Dir 4 A k „Wright. 
en contrary 1 10 "a | been, fo Dur. 30. Jan. 1629, 
"$75 EMT: OL T2HLE 
| DECREE er aeg. by enn for more 
2 ittwas leſs in leg 
ey. Dur. 12. July 1626, Turabalk,; Bs 04 VOL -.. 
THE Lords,,upon application of a party, baring or- 
diiged lome 85 f 
joined to the commullaries e e A wor At fort. | 2 
is ,adviſieg i proofs of gdberetce KA. A 
thereafter cenie he. parilous and ſcandalous con- 
9 0 N K 
and geclargd, Tutte ey. won 270 
the commullaxies, ca, diſcha Erne heir on eic. 4» ther 
þ} 8 e ee | 


A oy IM 
Work ur dh 5 60 


Kone, the: ol 8 a 0 
1. a dene in; -the 5 ol 
75 Jige of his alin; and apening.: be % . 
the repobigories, 1 — gee Rae 1 . 
Racing um mary warrants, and other. ſuch, 


tm deans Lk bon 12 derer geld an 
rare 8 66 wit riſdiction, u 
hy over digary .emer gents 8. 1 5 1798, Town . 


＋ * 5 * 1 er 2 
"1 Wis ISSARY Gnas. found — e des 
3 princi- 
pal 275 5 7 655 Jigged m_— that dis Adee | 
clerk o Hiaarilz abene, h w e- 
reſurt eee e. Fde uber. 


e. tr. counts 
— . TE 
„ found W N 
: 3 | | 0 4 
| 5 eee 
| 41. aN 3672s : $99 3 


a Aae l * 7 TY b 
ba i 1521 $9 1% $81 Flt AS 1505 FS Nie I: Py eden 
| % S 145 1. 3 7 3 4 2d 2155 bus 9 * 


po 4% SP CETAAN; | 


25392000 d. 7 1 22 20% 26.7 . e e 1 the o 

. 4 | . | | the E 

169%) B22 F other 

1 hs a # is out 

; el the 25 Jet bevy le 10 betwe 

- tines ſubordinate; the dailie « miſſio 

July 1631, Ada mins. „ ee Al. moe as the 
| 40 e Ir i Tt "RA A 24601 be pe 
| | s 46639 Of ['B 8 5 of Ex 


Who vamp + aBionwasfodnd 
l e aul ide ore 
+whate 222 


2 Stig 1 4 Deborphbo iy 
Re 717 222 15 wt; goalie E 1 
1 1 wh Ml 4 Ny 


lation; 7 
| "ho at. cem. an, une 


* TEE AE FE the 
See . — an 


| 1 e and, } 
{1 fy, alter and Ade the King's gilu, - 


ars bie ro my 


he other Rand, That it was no a dual juriſdiaion in 

the Exchequer to pal gifts, they acting thereia' in no 

other ſhape than à8 any nobleman's' commiſſioners who 
is out of 1 The Lords made a diſtiudion 
between gifts of elcheat;” which are within their com - 
miſſion; aud which the Etehequer 14 wag or not, 
25 they pleaſe 3 and gifts of fot feiture, which can only 
be paſt under the King's hand: and tho''the conſent 
of Exchequer be requiſite ti the confumimation of gifts 
of forfeiture, yet this is only as a ſtep of diligence, in 
which the'Exechequer ought'ts a&t impartially, and if 
they do otherwiſe; un nion for remeid mult lie at 
common law. The Lords found themſelves competent 
to judge in this caſe'; and after wards preferred the firſt 
git. PFaunt. t. Feb. 1697, Teriot.— A creditor 
having obtained from the Exchequer s gift of the fingle 
and liferent cheat of his debtor, the ſame was bur- 
dened with 00 thefks à year to the debtor's lady, 
which was the Jointdre the had by her former huſband, 
ind which belonged to the preſent huſt and uri mari- 
tis — | 92 obtained . ift, e 
paſſing of which the lady compeared, craving it might 
be durdese i c . as the 5, Io W 
The Exchequer, upon debate, reſtricted the jointure to 
L. iooo, and bardetted' the ſecond” gift with the ſame. 
la a competition before the Court of Seſſion, the Lords 
found the Exchequer was functi, and could not feſtrict 
the firſt: gift by granting a ſecond. and preferred the 
ſieſt donatary* with the burden of the lady's 2000 merks. 


C 


% 


Fount, 26. Dev. 169% Howiſon- 


4 5 3 1 + 1 * ? * 2 X 1 8 


e 44t 6,4] {tic 8 of P. rſt 5 


*.Y 5 ** —84 * 


9893 2 


TIE fenterizes bf foltices of peace in matters of &x- 
ſe, are final, and not liable io tevie. ee 
Ford. 25. Jan. 116, Pater en. Te Juriſdigtion. 
hultices of peace b. 9 a a precogi .. 
den againſt tranſgreſſors n the matter of the cuſtoms, 
the final trial "whereof, in order to condemn or clear 
lips and gods, belongs property to the court of Ex- 
cbequer. Ford. 19. Jiu. 1711, Eyers, &c, — The 
Fou, FE 47S "+; 0t a Tord 


374 1VRISDIGTION, 


Lords found the juſſices of the peace not os 

Jpdge:in actions 1 85 paibye; titles, e 2% 
bts, expreſily aJJowe to be ſned. re; dh 50 the 

act 38, parl. 1661. c 


orb, 15. Dec. 125 pri 
Juſtices of peace not competent to jud 


verbal injuries. Forb. . Jad 17. 12. Jug „ rec 
By act 9, parl. eg th peace- 927 .<ampe- tot 
tent judges to puni 755 e of Ira Abus! 17 
Forb. 24: Jan. 1712, Juſtices of peace. of, . © 5 


Air.—4 1 complaint hay PE en given in 9 im} 
pa. 

No 

N. I ing 

ö 155 for, double * in d At 

| 9! * fa to anſwer to by a ik fon 
ing for con - im for a riot, and to * = 12, 
tumacy- ing the Ponce her be was. Fr perſon- WM ing 
e ally cited Lords reſtrict the hve vin 

to L. io. and thou 72 chat none could We d. for. nt dad 


finding caution to keep the peace, but on! Ibs epi- the 
ted to priſon. Forb. 9. Nov. 170. a 0 es eng 
of the ſhire of Wigton. e 

IN a ſuſpenſion of a ſentence of the Jules Nt, 

fining ſome perſons for 1 
F Quorum. facing @ grave- -Rone, the I. 
That two joſtices of peace — ae 65 if 

rum; it being urged, That by the act bio Ann 2 


the powers of the Engliſh juſtices of peace are tranſ- [ 
ferred to the juſticeso fame in Scotland; from whence Tent 
it was inferred, That as two make a guorgmy in 5 a pr 
land, the ſame muſt obtain here. 'A further argument ly « 
was added from the tile of the commiſſion, ſum 
duo plureſve, and allo from the confitn Practice o 0 not 
juvſtices judging in matters of the exciſe... Dec. 8c. in tl 
Neid. 1 was formerly found that three were ne⸗ bury 

| ceflary to make a e Palr. g 9+ Nov. 1714, _ 
1031 


Follafton. . 3585 T 


'" 7 « ent ID 


1URISDICTION. os" 


THE Lords found; that defenders Defender mn 
before the juibites of "peace ought to be allowed 
have 'a- cotapetent tiche to anſwer, ac- procurator, 
cording as" the exigericy = the matter and time to 
requires, and Ae ace 1 procura- Prepare deſen- 


tor to compeur. Dar. Bruce: 19. Nov. _ x 


1714, Fülfurtobn. 

IJOSTICES of pebbe may tommarily 
impriſon, when the cauſe requires, till Summary 
payment of the fine. Dalr, Bruce, 19. execution. | 
mow 1716 e a J 


Laon Cone. OT Pb Wd 


THE 1 nds enen chick from * lyon, ic be 
ing a ful For edent of the debt againſt 
A dener neo had faffered à pri- Farifdiftion 
ſoner to eſcape. * Auch. F Advocation ) 
= Der. 16297, —— decree of the Lord-lyon, decern- 
ng a mefſen Hl —_ dls. eautioner, (the meſſenger ha- 
* malveried 5c merks of penalty, beſides 
kae and ray We pry fuſtained a to 
the penalty f pet in and h the meſſen ger wis 
'enated int rhe Wer ee, but  Hdbed 9 to the 
damage and intereſt, as being ultra vires, the- lyon ha- 
ving no juriſdiction in Or matter. Stair, 13. Feb. 
1668, Grierſonz - #9; Jade 1673, Heriots, The 
juriſdiction of the lyon had been formerly ſuſtained al- 
ee ann ge end NN | Tick” 26. July 1666, 
. & 1.538 1625 
IT da sand. These the Won! vidy Bon vent the meſ- 
ſengers in any plade before bim, cho in 
a private Houſe, the place being Ipeciul- Where 
ly deſign'd:' by bim in the copy of the - court muſt be 
ſummons and execution, and that he was "held. 
not bound to hold all tis courts (as they 
in their Abel alledge he was) in the tolbooth of Edm- 
burgh, ng — edeteſſbrs had been in uſe to hold 
their contre: Wert d chamber. Due 26. foly 
1631, The Meagan. : OY - 8 
"FT was found, That altho' the meſſages s box was 
1 2 ap- 


9716 JUR 18 1 e 


5 


OO. 4 


26. July Was ; Abe! M enn ers. bs, 


we Ne Ms, it: ce 
_  Regalicy Court. 3b 43 oh ver pe 


A Lord fre- A LORD of regality, p ivilege to fla 


gality may foe r ovings, nn: entries and. recog- ch 
ſue before his nition dfore Hg wn tk lie. REAR * 


aun bailic. 515 2 gd "wy VS; F 
of | le bai, e „ 


Heritable in 82 regality o | 
bailie, RE altered, but the Why is, not pris | 
_vative, for Je Lord "may. fit and qudge 
himſelf, but. not. appoint anoth 11 dd N fad 0 


5 Tubs; & Uh ta 


has only eſcheat of . Sante ung * | Ns eel 1 
within the regality; unleſs $i te expr 75 reg 
.infeſtment_ of the, SATs Had, 755 a e 
Ae 16 god nen 


A n e Uni et 0b 


Sbert Mn i coy trip e 
"Th w, are Warte Jtees 10, 2: 8 fon 505 


The 2 n dacree £3 
. Oh babes by a. ſheriff upon, a renugciation, to I, 

cir. Forb, 4. Jan. 13099. Ker. in an, Ad ö 
between Lindſay and Crawford, ; for. certain... vicarag Foy 


my 
© 
0 


teinds of the pariſh of Ki)bride, the geſtion axiſin Ar 
ter anent a decree, of ſpulzie-« of teinds, given Dy 196.4 dic 
riff of Lanerk, it being ailedged;: it Was PUN. bon 
being given à non ſus judice ; ſeeing dhe ſhexiff. bavm cou 


no power to grant inhibition, could not be 2 | 
b ppon contempt thereof ; the other aniwer'® ſag 


FN 


3 


* 


GB Awaa 7; 0 eee 


J sterne 37 


That fie S fudge {6 repair any violence done in chat 
{Thi re: The Lr Sorry no Gol 'the decree by way 
of excep tion... add. 22. Feb, 1653. 
AS Fe having gc zofed two per- 5 
fons ena ene Wich cautioner,, Briatthien | 
to compear before. the juſtice, and un- before the 
derly the faw for Prey os „under a cer · ſheriff. to 455 
tain penalty; A the enaUtments were redu- pear before . 
ced, in reſp that the ſheriff 7 no the Court of 
power to 455 | Them. to enat theme Fufticiary-- 
5,  udleſs they had been taken in 
fag, 11 Eg, "or that there had been's. preceding 
charge againſt thei.” DF. 26; March 1628. Lovat. 


What Courts competent. for Regiſtration in or- 
der to Hiligence / 
A BOND regftred A in 2 Faiiigifion where: the * 


10 dwells n 18. a oy: decree, as pronounced a non 
| {uo Jadice. ount 


＋ . Nov. 1.692, Schaw. 


IN x com prota, among the creditors of a bankrupt, 
it being 8.8 Je Red 4 aint oe, That their bonds were 


regilt mere l 2 Ne 's books, and their precepts 
of arreſtment taken gut thence; altho' the ſums were 
1. 40 1 55 Lords, notwithſtanding 5 cuſtom Io t 
found the ligne oy” 1 [SP Mary's e of 
ktrenntene to be gull; 5. Ted. 1703s. Wwewe 
hs Lords s graited e 5 e u principal 3 
bond out of the A 1 870 y-court boo Ediobargh, s 
after it was booked n order to regil] iſter the ſame 
in the books df ſeffion, ther an adjudication might be 
led thereon.” Tock ne 1705, Matthie, ——Bur, . 
in the like c Ale, the ords 40 $6 grant warrant, . 
becauſe regittration being a decree. be 22 is a . 
rogation © the commi ary's N Dalr. 1 
Fount, 16: fan. 1706, Yung, Oe. ſupplicants, — n. 
A ranking 9 F creditors,! it \ 13 Shjeded ee an adiu- 
dane Ar * Th 54 as being nded upon 42 
bond above I. Jcots, rècbrcde A 5; wenn ie 
court books. * Lords found the commiſſaries books 
not a competent regiſter for bonds or bills above the 
lam of L. 46:Scvts, Falco "where there is a conſent of the: 


1 35 parties 


„„es JURISDICTHON: 


parties to regiſtrate i in theſe books but in raſpe&« 

the communis error, they repelled. the objeRion; made 
to the regiſtration of this, .bond in theſe books; and de- 
clared they would wake, an ac of ſederunt, to cartiorate 
the lieges, in time coming, of the incompetengy of re- 
giſtrations in the commiſſaries books. But the 7 
faries of Edinburgh having applied by petition, in cheir 
own name, and in behalf of the other commi Fries of 
Scotland, to be heard 7 ainſt the intenged ad of ſede- 
runt, a pleading in preſence, en ſued ;, upon which 105 
Lords appointed a La e 10 be e in, a 


they allowed the matter to reſt, without maki bc : 
19 


af federunt. Feb. 757 Waal of, N ter 
Govan. 

Later dictf 
r. 5 


ala e wy, Waller roy the bak Sag bo 
forfeiture, and had been. granted, again, f1 fi 22 Wat ute. 
Falc, v. I. p. 319, Gordon, Jan. 27. 1 1 

AND for a regality of temple Ja ede kee 
the Reformation, whereof there had been Poſſeſſon, 
ſuſfcient to ſave it from the negative Ty” Dk e 
Palc. v. I. p. 331, Hamiton,. Feb, 26. 1741 

AND for a right of ſtewartry, clothed with. polleſ- 
Non, over an eſtate, -deſcribed as rag within another 
' Newarty, the ſteward whereof had no paſſeſion over: 
_ the. „ Falc. v. I. P. 333» Ts doapwe}i + 


ND for a A il of ſherifhip over a perſon's 
own eſtate. Falc, v. I. p. 3315 rg ut, a 
1 8. ; 4 Td 3 
"ko for 4 conſtabulaty, whereaf a perpetual den 
tetion had been Kae to a town, e 1 2 


— 


— 
A 


F 


r IPOS TP. T0 3. > A 9. 


« | 9 . Tale. v. Lp. 330, 


7751 


ceſs againſt the author f a: e libel, 


JURESDICTION. 339 


2 5-power of Judging, - Falc. v. I. p. 330. Dun, 
1 4 & 1 
NOT pes for the juſticiary of Orkney. as a diſtin 


| luriſdiction from the Rewarty « or Mary, Eile. v. + 
p. 316, Morton, Jan. #2. 1748. | 


NOT due for parts of a regality, diſponed; cum 7. 
re 4 7 Tue. v. 15 5. Ae Jen. 7- 
1748 Ae 1 
DUE for -balſiaries 'of. tegaſitics, | ed by the 
Lord. Falk. v. I. p. $19, Gordon, G, Jan. 23: 1 11. 
AND for a Vale over part of a church reg 
Falc. v. Lhe 315» — ren Jan. 20. . 
AND fer a grant of bailiary, over the 
lands, lying in à church regali) ity, on which Kerk 


deen no poſſeſñon for 4 fers. . v. I. p. g21 ts 


Gordon, Feb. 5.17 1748. | 
NOT due for the heritable bailiar) 'of ihe- 8 


Dajrymple, Feb. 14 


4 
non tothe bellt bnd ele erk lte a re ity, by 
grant from the far, who Rad 72 48 egality, b 
eſcheat, but was himſelf attainted, 11. Nov. 1746, 25 
treaſons committed before » gh Uwe. Fa. v. I. p. 


329, Baillie, Ge. Feb 12-3 
- JURISDICTION prorog Nas Het of \ parties. 


ken. Dec, p. 220, Sherif-clepks, Ge. 471 Dee, 2748. 


Jusricks of peace are com ges in a ro: 


reflected on one df the ir humber, for words Utter, by 
him at a quarter · ſeſſon, and-<ontained threatenin 44 
you the PReg-". Bd; Cul, Ve J. * I, Bell, Feb. 


FOLLS'1 levied, in 5 of 758 att of WY 
by the bailie, of he ity of Dalkeith, 3 La 
uſes, muſt, after the all 10: Geo. II. be levied by the 
baron bailte of that, family. in whoſe favor the regality. 
had been ereQed, he bein the 2 ſtrate 
maining within the 5 wet ol. 1 
Brigs, Ge. July . 175 
A SHERIFF. has hn power to, 411 in queſtions 
OVEN to A ding of houſes v withi 6 the . 


2 1 * 
ws, 4 *** | -4* 


, 8 < * N 1 4 * 
E [9p 40 = - + X 3 bl 2 " * { ; . i; * 


- 


= oF v * T's D r apt | 


ſtrates of Stirling, ; Dee. I : 
HE ac 24 Geo, Or 5 
67 actions agülntt poet, e peace, Extend to ro 8500 
land. Fae. Col. v. I. p. 140, Douglas Des. 18. 17 1 
This was reverſed by th "Houfe of" bolts, ws Wt 

- THE words of the 48 18, Geo. F. i ering 
ſices of the peace to hear, and finally lente znid 
 achudye ofepces in deſtro 2 Trees an = 
not exclude the 2 rom a 
view. Fac. Col. 9 7 5 1 „ Beelen An 


5 the Cqurt of Sehon, hae Lots 

reof for nineteen years tc be 

tail offerih eh GE 6” Cs Ni 177 

dell &c. Sf Feb, * N 
"APR | 


petent ore the 
217, Auchinleck, f 
JURTSDICT 
provogated. - Fac. Col. 1 Sarlay, Feb, 
eee 


within the dertitd "br 257 5 ON: 1055 


y of 4 
v. 14 54 7 nad Mob 1555 gig 1285 


5785 Ar punch 0 
var oe: of nth 20 a 
Odder he 111 boog 1 


. 
* 2 


N 4 be ſuf] ng 1 

That this is 12755 oi A 997 1 
fach FA) 1 0 10 5 Ne wy ed 1 . 

1 1881. e E on 

140, Ache he 110 He nd 

maß, by 2anſaciide ha e 


merchgtile mütter. f ot marti 


eine, 3, Tur difice e 0 epote is pure 
mi Seth 1.100 take Be Fa E. 5 5 15 a 7 


admi 
419, The ſoſpender does not — with ** deputes: 


kun Is DIC TIN «381 
depute's territory. Anſwered for Miller, , That the 
act 1681 does not refiri& the admiral's jpriſdicion ts 
maritime, cauſes ; ; it only eſtabliſhes an excluſive juriſ- 
dition tothe, high court of e and prohibits 
other judge: 1 from judging in ſuch, cauſes. 20h, By 
uninterrupted, pradice, admirals- depute have a cumu- 
Jaive juriſdidion in mercancile, canſes, not maritime. 
44), Such, juriſdig3on as the admiral has... be may de- 
legate to his. deputes ; apd, that their office it is not only 
miniſterial, but likewiſe judicative, is implied in the 

201681, which Ratutes and declares, That the decrees 
and acts of the inferior courts of admiralty ſhall. be 
ſubje& to review and "ednconior, the high-courtof.ad- 
miralty. . It appeared to the court a novelty, for an 
admiral- 1 855 to determige, in oro, contenhieſs, be- 
tween perſons refiding at a dif m the, 

in a queſtion not maritime; they therefore ſited pro- 
ceſs, and granted warrant ſor citing the admiral-de- 
pute, and his conſtituent, to appear, in cn: and to 
anſwer to ſuch e on be put 204 me. 
upon re ira}ty-deputation., x; appeared, 
that the- 2 101 Ky Ter a be tc _ | 
therein deſcribed; and Ref Tg Lords 

. 386. Fe. 


ded the Letters.“ hs Fac, F. II. 
June 27. 1959. 7 . 
A SING. "juſtice of; peace e ge- gegen ca 

Fac. Col. v. II. Se . uly e 
acTlON ef d the high- court 
of ad wiralty. en — of the cultoms, for ſeizing | 
and detainjn a Hip, f found to be a maritime cauſe, 
and advocation of it reruled Face ol, 7, HL 34» 
Stephen, Feb. A» n ot 1 
THE miniſters of e city of b 
ceived no 2 ae h hips ends f ce the year . | 


> > oy 
_- 


er een ET ern 


+ 3 


Slender obj jetted e 85 . of Fi court, 157 
oe Ratutes We com- 
oners 


A 


rere ws = ati a. oo. et nd 


urgh, having s- 


58: FJOURISDICTION. 
miſſioners for -plantation of churches, in 


the Lords of Seſſion are how Tubſtituted, bj th 928 
1709, theſe commiſſioners are only atthoriſed to mb 


diy ſtipends to each miniſter, but of the'reltids bf th 
{pariſh where they ſerve tlie eure; and that, ts Judges | 
"inveſted with a particular juriſdiQion | can take ee. 
: ſanee of nothing without the limits preferibed, the Cot WF-"'57" 
© could not augment the purſuers ſtipends out of any e- 
ther funds, than the tithes, and had no, authority to 
_ "enquire into the other various funds belongitig to the 
city, ſuch as the chorch-rents, annuity, ſeat-renrs, the | 
impoſt, the dury of a merk upon each peck%or' ton im f 
ported ut Leith, and the annualrents of ortiſied ſus, . 
"How — all, or any of theſe funds 1 ur- 
are ap cable, 3 he original grants, to t ymeht | 
of the 5 0 Ripe nts; Was not tieceffary tb be "th: Ja 
_ quired into; and, if the arTvers, thought thewdſelvt | 
"entitled: to call the defenders to Account for 1 al. iy 
—— of ſuch funds, they muſt in fiſt in 2 4, 
ion Before the Court ef Seon. Obſerded * 
Begek: The preſent Abtibn is brought e e de 1 85 
"#eri6n of ipend, mel can be tried tity befdre ue 53 
Court; the-objeRtion to Lott | ariſdictien center ul 45 Ju 
be repell. When merits df the cuufe ente 11 
to be determined, perhaps the defence, hät Mere bre cj n 
not "tithes fofficient fer an ahzmenration, 15 ft i AY 
ſtained; but certainly the Curt has poweet & 05 * 
Abeftſon. + The Lords repeſtes the objeGions gffertd BY: 
„ $6/the edthperency of the” court?” Tae, OH v bu 
| Pf 224; Miniſters of Edinburgh,” Jan! 19, 15646 "e" 
IN en eitraerdinary cate, Jt ay füt wpeteßt de Lc 
for the — of Seſſion to review tie erſte bf the $99 0 
Hue efſions, the" a ee alt . Lo Mw 
ac; Col. v. III. p. 300, Ruſſel, Jan: 18.764. N 
ESTA 2 "where confermitble.” Bee 1 Pore 4TH 
cot petens. 19 T2, QTY, , T6 3hs 
"Peat 5 M sr: * Be ee * 
POWER in th: Court of S Mes 9} 24 ö * 
aj Vthtiont. Ste Adfiidicarton." | trans 
AS to their puer of fuppiyihy e, * Kd 2 


Ste more in Ar irrium bout ire ee 25 58 


$29 $0 : 1 


1 EB 10 GENDI. 


VAILDREN: N, having boa of f 5: nals wa * 
4 n That what. they ſhoul have at their de- 
eaſe, ſhoul el T5 elder brothers have the . 
"prof. K N Deas, Nr a 


1 8 M A R 1 1 5 
HE fur marith. May te effeuaily Nong Al 

fore marriage. n v. . . . en 
N e. Ft * oF 


2 


tp 


PO 4s rem EY hh 
N 1 5 tho ej: parry Ty, 
neither pręſent, nor knew a th 
0 1 "Hur: 25. So or Fs fol 
16. June, 1634, Renton.,, C 159 4, 

Stair, 8. 10080 1676, Irvine, ——A Rabe ud being in- 
{ft in an annualrent out of lands diſponing the 
ſage, with reſervation” of Bis own and his wife's, life - 
rent, who was not, iofeft, with her hilſband in Ay 
ſte; in a proceſs 72 her inflance, ago ai9ſ the poſe 
of the lands, for the annadltent, after the man's de- 

Da Wo tits concurred with them to defend. 
Thar the id reſervation” gave. "hes 


"BASTASSETESSSTS DST,” SCTTSS,T Se 


x 
v 


en {i Mtlent a zainkt ; ſingular ſucceſ- 
been 28. Ie 152 5 A dg 6. Oe. 
the delivery of a aper, . tho) ' 
not ta the party, but ro another for bis | | 
dehoof, tho” he knew no the of it, and Delivery for | 
ſh coulg not accept of it. Foutit., 20, an. bebe of a mi 
1586, Borthwick. or ba on may, 7 "irs party. 11 
taasferred tba the know | 11 
N of the fs fie are eam reg nl 


384 Jus QUESITUM TERTIO. 


to infants, or perſons out of the country, 
footing, redagnjtion mas af tr ante, ſatan 
granted to an infant ont he country, without ne- 
ceſſity to alledge there was any mandate. to accept of 
the infeftmeit. Stair, 30: Jan, 1603, Carnegic —— 
A bond of entail, biete ie | hitoſelf to the 
pfohibitory : and irritant clauſes eq ally with the fob- 
ſtitutes, being depotited by him in a Wird part party T hands, 


upon the following terms, contained in a relative writ 
ing, viz. 10 che laird of Carpe, 10 by Ae for the uſe Wl his 
all concerned; the Lords interpreted the clavſe, as ift 
had been faid, Li the uſe of the granter, and after Wi ken, 
his deceaſe, for th uſe of the ſubſtitutes; 3 and there 0 
fore found, That is maker had right to call for the WI vac} 
| ſame as his proper evident, to be cancelled or not, the 


1 pleaſure. Dalr. 8. Dec. 17 14. Lindoirs. 5 
THE} creditor in a bill baving given beder w d 
bh truſtee, to whom it (Ar * to Fol 
Order to pay rt. * n a xd party yi 
money io + ere ie if, the be Lords, E ichſtandipg the 
aus ports" order, Found that the property of the o- 
ney remained with him who ſent the ad- 

Fer, a therefdts. might be arreſted by his creditors 
Dalr, Forb. Toy 1796 Io Fount. Ih July 169» 


Toglis. r 

parg ig in of lands, the purchaſer was 

PARA "4 55 bor 1 0 re minute to pay the price 
wben under -  toncre of the ſellexs; it was ar 

pak be de- ns is 97 but a A 3515 0 

in a. e 75 r at p ure. 

455 F thi ird was foun a, Kir ins was hot a ſimple 

Parti. LON mandat e, hut a Ber ee, which gave 

i WR 75 to th „ and could net be 

recalled by io er 9 75 fn f 1664, Ogilvie— 


* lik ike; 1627, 8 t. See Ford. 
MS. 1. 15 8 7 1914, 0 armichae ls ne diſponed 

his eſtate in truſt, and took the. truſtee's | backbond, 
obliging him to ſell the ſame, and. apply the price for 
tisfying the diſponer's creditors, and theiremainder 

to be applied to the diſponer's wife and children. The 
lands having been ſold ia execution of this truſt. 2 part 
of the price remaining in the ruſtee's hand, 2 


r . FvO 


3 ts W eee . 1 
uin defunifbt It wa Wund, That this confirmation 
could afford- no 3 preference, in competition 
with the others ſeeing there was ſomewhat 
further intended in this tranſaction; than a'bare'com- 
miſſion to the diſponee for the behoof of the . ber 
The bàek bond bore; That the diſpofition was gramed | 
ia order tht the price might be applied to the 'credi-- 
tors; which: degnon Thar” the diſponer had a view to 
bis creditors; and was ſtipulating for their ſecurity. 
: * 1729 91! Cochperſtiond between Goldie A Ait · 
en, ... on? rye If! (OLE. 
ONE having aligned a bopd to A rrallee, taking his 
back bond to denude in favor of one f 5 
the cedent's ereditors, and, on His Mat arrion ! 
ſatisfied, in favor of the reſt; and bor | competent'to' 
the parties deveafing? before 'the m 4 be hr! tir | 
was recovered; and that fieſt creditor s 9. a B49 
heir inſiſting \again(t the debtor in the 4 | 
aligned bond, withour wy" Ppreviouvproceſs gels the 
truſtee's heir; to denude in terms of the back bond; the 
Lords ſuſtained” the purſuerꝰ intereſt, as ſuffcient to 
give him a tixle n the tytſtees back bond, to proſe- 
cate this action againſt the debtor in the bond a 
— as Dec. 1707, n Ge. fo 
1 aution way granted, bearing to be ! 
of the e rs Bi and ae e £00 ot 
_ of anbther cautibner this of 
was found to import a proportional” re- — 2 
hef to bothy avcording*ts their engay w an Inti. 
ments, - Stairs v u Water ref, uber 
—4 pur baſur a kinds,” who had ob- edit 
liged himfelf to- pay woenain —— of - Ta tds 
the ſeller's debts, to / the extent of the priee of the und 


conform to à liſt ven- up to him was found in mala 
je to paſs by one oftthe ſe debts, and applythe whole 
price to the payment of the reſt, altho*' theſe other 


debt did exhauſt che price :; for that he ought e have 
paid all thendebts in the ſaid liſts pro ly. tho?! 
nb oiligenee ad been uſed for avy of them. "Forb. 
MS. 20. CE Ronde an obligation 
gwen to ele ht by their: 

Vor. II. 8 


$86. Jus SUPERVENIENS AUVHORL, e. 


particular names, arid then 
ther incumberances, — — 
ne _— 5 Feb 1635s Ker. are 
144: HERE 2 richt ariſes; 20. 4;-third 
ade of - party, from a. donation ater mu e 
the principe!  uxorem, lane  'metrimonis;"\ the |revo+ 
right; will it cation of ſuch donstion will not 
vald abe third vold the right; of the thind party 
par ty's 1 Pur. 18. Dee. 1633s TONE of. 8t 
. * Andreus. W - £54445 th 
x 31:10. BILLS: blank:endorſed, celivere by 
Later deci the drwer to his end fon the uſe of 
anz. his, the: drawer's creditors, remaid the 
property of the drawer, till they be de- 
nrered to the ee Rem. Dea 77. uu 7 
174. Ba ird. IEP {5s 7 1 . f 
* MAN having, in his contra&'of marxiage; Ape 
lated an annvity in favor of his ſtep; mother, who. v 
no party to the contract, it was found; that be could 
not after wards revoke this annuity. enn . 
278, Warnoch, Jan. 8. 7 % / 
MEM bond or aſſiguation is talen m of a thind 
party, in what N. r pong, wr ming See Br 


ſhmption. LET, ED arts. Vas fe, RH 1 15 1% 4 


LE Rf 


os SUPERVENIENS AUTHOR, 
Ac ESC 1 8U CCESSO- » of 


— 


n $4 36; I 


A* PRIOR: and:: better right coming 
Wherethe a an- in the perſon of ene 
ther is liable liged to warrant. a one, the 
in warran- faid poſterior: was pr red to the priot. 
le. Nicalſon, (Warrandice) ib. Jan. 162 U, Te· 
nants of Foulden. The Lords found, 

That a gde ſu pervening in the author's perſon ac- 
creſces to him to whom he is author. Nicolſon, (Jui f# 
entens)-20, Feb. 1628, Innes A tack itt by a Dui 

of lands to which ſhe afterwards acquired right, bein 

_ ſuſtaived againſt. her. Dur. 12, July 1666, Kilbirny. or a 
Ihe ſetter of à tack of teinds, having t 
ere an —— 1 3 any 


1 


a 


0-0 


<- 


r y & W ©: 


P TS TE SO AW. 


JUS SUPERVENIENS AUTHORI, &c. 389 
of the author's was found not to acereſce to the tack(- 
man to defend him againſt the true titular of the teinda: 
for the tack was — gratuitous, and did not menti- 
on ſor all 'right be had, or ſhould acquire ;. which, the- 
exclulive of tbe. author himſelf, could not make a ſu- 
pervenient right accreſce to validate the tack, other · 
wiſe null. Stair, 19. 757 Der- pa- 
won, who had a tack of of the pariſh, com- 
municating the fame to an heritor, ſo far as concerned 
his teinds, and obliging himſelf never to purchaſe any 
other right to theſe teinds, or that the ſame ſhould ac- 
creſce; .the.property of the teinds, beſtowed upon him, 
qua patron, by the act 2690, was found to accreſce to 
the heritor, tho, properly ſpeaking. it was not an ac - 
2 by the patrons but given him by a W 

. Fount. 2. Dec. 1698, Arbuthnot A fe 

ſal of Kio: -Jands, negleing the benefit 2 the 23 of 

ament , 7. appointing confirmations: to 
Re . Who — 2 within a 
limited time, atherwiſe the feus to be null the abbat 
who ſet the fou, having been made 88 lord of 
erection, the-ſupervenient right was found nat to ac- 
creſce to the vaſſal, ſceing it was; N fault that 


confirmation was not obtained.. . Dur. «/t. June 1629, 
Dunfermline. - 

A VASSAL's right having fallen. by the forfeirure 
of his mediate ſuperior, the gift of for- 
feitry, purchaſed in by the immediate Where, the 
ſuperior, was found to accreſce, to the . author is not 
vaſſal: For tho it r if the n 


abſolute warrapdice in general. randics. 
nes mortals, did extend: to get — i 
gainſt forfeitry, ſo as to furniſh any. a ddion againſi the 
immediate ſuperior; in caſe the lands. had been eyiaed 
by any third party, as danator to the forfeitry; yet 
ſeeing the gift was acquired, by the immediate ſuperior 
himſelf, .the benefit thereof muſt accreſce to the vaſſal. 
2 10. March 1636, Crawſord A gift of ward 
being taken for. the baknch of: the ward-vadal bimſelf 
or any way acquired by him, he was found obliged to 
communicate the ſame to chis ſubvaſſal, without Mo 
any claim but for a roportion of the compoſition, 
expences 


388 JUS SUPERVENIENS A TOI, Ge. 


e laid. out in'procuring rhe ſanie; und this, the 
the ſubvaſſal had not his ſuperĩor bound in rere 
warrandice againſt this caſualty,'' Stair, . Feb le 
Boyd. Stair, Dirl.” 1. Dec, 1696; 1. be 

Hike" of a gift of marriage; Hare; (Ward wid bv ria; 
Jan. 1686; Drurnmekrier And it "appearing 

| bat the ward. vaſſal had obrained' this gift of His * 
marriage," for alledged good ſervices; without 
Ire! compoſition, he was f. found emirled to — ie 

N l 5 rn nn 
"A WARD-VASSAL gering the gift} of his own 


. muſt continue the tenants in poſſeſſion, even du · 


ring the ward Colv. June 1581, Araot, 
; A WIFE being taken conſenter to her huſband's dif 

Poſition of lands, to which ſhe has no — — the 
time, not barred thereby from ſetting up any 
thereafter acquired a third party, in com 
with the-difponee; conſent imp 


any right from her huſband; or th 


in her perſon, 


ſnall not impugn the deed to which ſhe hay: conſented. 


Stair, 4. Piri. f. Jan? 1888, Forbes. Star, 27. I. 
168 , Stewart. 7. July 168 1, . poof” Nan 
A SUPPOSE D ſuperior having in feftmem 
to an appriſer of the property, d [afterwards acquire 
2 right to the ſuperiority, which was not found to 0 
ereſce to validate the appriſer's; infeftment, null, 41 
granted 4 non babente poteſtatem ; neither wak it found 
to remove the Werler, per ba objetHore; from ſees 
ing the non-emry bertel, becavſe the appriſet paid o 
compoſition for dbtaining* infeftrnent :' an@'rherefore, 
being-merely gratbitons,” and 1 prritule porentic, 
it could infer no warrandite Stair, Dee. 4675 
Town of Mufſelburgh.*' © bf ET 37 4.6 3h Nadi 
THE. author's right was an infeftment, null for 


- want of confirmation; but of Which was 


To which granted © baſe infeftment of anmnyalrent 
ccelſor PP to one creditor, and thereafter an ap 
the right 4. priſing led thereof by angth: „with in 
ket, pod 8 RY fefement after all, the r rigbt 
was confirmed by the King, which was 

ſound to Arete to the baſe infeftment of unn valrent, 
ben he firſt R en * * 


only, that, — , 
60, ſbe 


ny, ub 


U 


r e ow of — of ou 


* 
_ 


or ues TT owu uw 


JUS TER TIL 39 
76. Jan. W nent author's 
infeftment was ſound to acereſee to a tack granted 
with abſolute warrandice,. and not to a poſterior diſpo« 
fition of the lands ;" tho" it was offered to be proved, 
That the infeftment was procured by the difponee's 
means, and conſequently, was taken in order to vali- 
date the diſpoſitien. | Stair, Goof. 21. June 67 f, Neil. 
ſon— In a competition between an adjudger, - and 
one who had a difpefition, the adjudger having omic- 
ted to charge the apparent heir to enter in ſpecial; but 
be having ally entered; thereafrer, it -wac alledged 
2 the 44 n fuperveniensauthort acoreſcit, 
2 ſerving 2 infeſting the heir 
—— by the — 4 to complete his own'rigbes 
and it would be. abſurd chat this ſbould turn agalaſt 
him in favor of his competitor- The Lords found, 
That the adjudger having omitted to charge the appa- 
rent heir to enter, be could not plead the benefit of the 
ſubſequent ſevviee und infeftment, and therefore pre- 
ferred the diſtoſtion. Fount. 1 1. Jan 1699, Duncan. 
——[n a competition between two diſpoſitions, grants 
ed by an apparent heir, of un heritable bond beleng— 
ing to his predeceſſor, the Lords preferred-the'receiver- 
of the firſt Abbelen. intimated to the Jebtor in the 


bond, before granting the other; althe' the common 


rate was ſerved r upon the procuratoey contain-. 
ed in the ſecond, in order to complete and validate that 
right; for the ſerviee was found to accreſce to the firſt 
right, which contained alſo a proeurstory, and war- 
nndiee from fact and deed. Forb. 28. Fob. 708, Aliſon. 
JUS ſuperceniens acereſces to ſucceſſors, 2. * 
according to the dates of their infeftment. * 
5 p- 355. Competition Paterſpo, Des. 5 
IO. 1742. „ 44 
Jus feperyeutins/ t holds in the rem, 
tee 1 Debug Naw" . 


Wo #4 hs 


JUS TERTI — 
Trag- Pigs eee — — 
upon a ſtipulation conceived in his: gue/if ale 
Kk 3 favor, 


390 Jus TERTUn 
gu inter et . favs, voleſi;ho-can; ſhow a banefionhers 


de by: and the; flipulation may be traaſ- 
ee, g.reſſed impune, where the party, in whoſe 
favor it is; conceived, / i$:1084prejudged 
| thereby; and. therefore; do appriſers;haging qntered 
iato / a contract, that neither of them ſhonld annahit 
their intereſi, under the pain of forſei turen adion ug 
on / the eontrad was refuſed: agaluſt the party uranſꝑꝛeſ. 
ſing the ſame, where the purſuer could F qualify, no ds 
moge by the alienation. dur. 11. Feb. 16 0, Ker. 
8ir-Robert Hepburn having provided-his oflace: yoong 
Congleton,. with this: proviſion, FThaß he ſhould; take 
and uſe; the name und arms of Hepburn, and marry 
Cockborn- of -Pilton's eldeſt, daughter x and with this in 
ritancy, That if he contravened, his ſe bond, brother 
thould: ſucceed to the eſlate: After dir Robert's death 
Gongletan was; required by, the gentle woman g rjench 
to marry-her; and upon the reſuſal, a proceſi Na ra 
ſed; at her inſtance, for declaring 05 eden bis 
right: w the eſtate; by rofuliog ee pat ſaer, 
according to Sir Robert' appointment. lee for 
the defender. That the puriuer had no. &tle, v0 ſue tha 
declarator, in reſpect. the of £ aney 
not to acerue to her, 
was to ſucceed. by: the dae ——— the; burden ef 
marrying her, and be did not conent. ſo dbat che mol 
_ the purſyer: could · pretend to, was but damage und in- 
* agai inſt which he 3 e 


Krochery, and ar the f 
ſiier-.. Haro. 3 | 75 inden e 
Saperiors have an intereſt to ſue N 


* el e ws — fab; 
da 20 Frier e ane _— 


* F 4 17 4 C 5 4% 


JUS TERTII. 39 
nds will be in noa- ben, mende d e f 


ban minen e 


2 debt for; which the rebel was deneunggg , - © 
ted, becauſe-be, being charged to take: Competent is 
him, had not obeyed, or becauſe he:ſuf-- b defender 
reduce the harning; altho' che rebel c 0 third pars 
eur not. Haddae/t er 1611; Caddel, 25's e 
——Ths like Dur. Spot. (Caption): 8. enero 

Nov. 4628, Baillie. ; Dur- 25. June 164 ment;vo;/ 
Wylie. Dur. 4 July 2626, Adams. ibere it 1 
But it was no defence to the ma- ground 97 
giſtrate,; that the debt was paid by. the cla. 


might uſe the ſereditor name for his relief. Dur: Spot. 
(option); a3« July: 2630, Hay. la à ſuit .for liqui- 
dating the. avail. of A marriage, it Being alledged 
the donatory, That it va zun tert for the appare 
heir to ſay, that his father: died not in the fee, 18 
denuded by an yer vas publicly i 

unleſs; that ad) appear and er the 
Lords found, / * — was: n but competent 
io the apparent heir to found 4 ee Fount. 13. Feb. 
77%, Rae. In aremoving ward - lands, it was 
found nat ia NN the tenant to alledge, that tbe 
deceaſed, hia une derinded by a compriſing and 
tr Hopf ven ry eee Kren — 4 
 vaſſal's mothet hein prior ag 1 ther holden of the 
ſuperior, and — and obtaining ai gift of his 
vard, the Lords, in a removiog, at her inſtance, a 

the ſubvaſſals, found; That hen confirmation en uded 


eee =” ww ” ”P MW IS r 2. Wo w SS: 


rights, ſbe might uſe ber of: them at pleaſure, and 
* it n ar the defenders to Plead upon 


CN NNN of:non-entry,:at the 

lance of the King's donator ' againſt fubvaſſals,: _ 
the vaſſals lying 
Geption, via. That by. FORO of the vaſſals in- 


W 


N. 


4 SHERIFF, or ether eaiiban, being ved to pay 


fered him ta eſcape, will have intereſd to /o ſound upon 


rebel's  cantioner, ſeeing the: eautianer ++ 


the ward z tha it was pled for her, That, having two 


Ruch. (Ward) 7. July 2699, 


ont unentered, the Lords ſuſtained this 


common debtor, was found not cbmpe 


3 Jus TERTIIL 


Feftment, the lands, in default of heirs-mals,, were 1 
return to the Crown; which condition be ing ba, 
the dands are in his Majeſty's perſon, and 2 
are full, ſeeing the King neede not be infeft, 35 "Sper 
Newextey). 24. June 5629, Murray. — A Ae in 
er contract of matriage, having accepted of certan 
lands in ſatisfaction of ber teree, theſe. 8 
ward, en een the ſuperior by de 
of the bu . the how "” 
22 ple for —— "That: her righa bug 
ſuſtained ta the enten of; a terce; - which being eli 
bliſhed. by law,-excludes the wurd: And as to che re- 
nunciation of the tarce, that was a private paſtion'ds 
tween.the huſband: and the wife, never deligned to be. 
nefit the ſuperior, in ice _ the wife's right and 


24 warrandice. Stair, a3, June 1671 'Ballagan 
e al bead. Gulk ans depable; tut, atthe 
74 inſtasce of an aflignec it was 005 


3 competent fur the Be or t= 
Hal ent 40 a. that the >fignarion was null, being 
3 ſcribed on by "one notary. , Haie 5 
my par Jan. 1610. Wardlaw.. es 
Aale naeh dat the inſlance of a2 — 
aan qualify a it was found: not competent for the 
4e linterefl. fender tu quarvel che g upon 
xd. what jr. nulkty, unleſs; he e641, guy lify an 1 
UE oad te tereſt, by having RC rabe 
2 4 Tet or from the King u another bot 

* un: . = 8 


| ing, in — — bad De payment f 


| =; ed by him, who purged not the deb owing by bis 
| 1 to the common debtor. Dur. a1. Dec. 15% He- 
miiton. It was found to be jus tertii for a debror is 
a: bond, to plead. upon à back-bond. 2 by as 
agree, to his cedent, and obliging-h . 


bis deceaſt to © 7 Haut 


r . u . . ¾ 6 Yoo wo OS 


Ib ERT I.. wp 


fum ſhould returd 18 him, in caſe the aflignee prede- 
ceaſed him, altho* che event 2 e ee Dur. 
15. Jan. 164 , Falconer: ——A mother 
e 2 tele. with" Ber Ban wee ar ber a rigs, 
foogd* eee ta reþete” the fame from th ag 
her daughter having died e ae 2 005 it 
alledge 80 the Yorker was p t of ke dau tere 
heats and A. therefore Ae ee t 00% 0 her 
repreſentatives / "and rhis, in regard 1 Tas ad Kee foil ko 
the huſbatid ro plead open tbeif righ 
— repete to the mother "from 'wh 
ing liable” to ber dag b we 4 
meddled n Hee tdi, I 29 0 
fnd caution do the” Rot to warrant im 
hands, and at the . | 


Dur. 1 U y wh. fd 
right, . 8 ant / ov Gu 1 8 5 Neis 
alſo ſubſcribed' wy ga tow a confenter, it was foutit 
jus tertii for the debror” — Ne? the cedent U 
no right, "heh is uf ol Et ent to the credl- 
— ſentatiye. the Lord ordained the pur- 
fuer to aud "cauti6h © f defender at all 


hands. * Dtr. 28. "F049; © mma | 
Ballantyne took a AI ryable to; Pichſelf. 50 5 
7. — ſdn? Jenn Baſtan- . 


tyne's name was aſter war. 220% in this bond, tho 
he was born after the Yate £44 þ "and he Was bound 
to have good action ab ſubltitute 2 int che debtor, 
vho bad no mtereſt to” debate how John's name cadie 
into the bond!” that” being /f 124117, — 4 * there Ak 
vo other heir or * 4 right. 

antyne; 


55 Jan. 1675, Ball Af 'heritor being 3 Reel 
or his teĩiizds upon a tukk ſet by a parſon, it was 0 
dot ju; terrlt, for him to object chat it wanted the pa- 


tron's content; ſeeing he Had un intereſt to pay ſafe ly. 
d therefore" not th je 'who had bo fuſficient title. 

). Jan, 1800, Athbie. . In a proteſ at t 

Hy reli and children againſt t 

executors, theſe Taft g confirmed, and craving 6- 
zucion for the moveable" heir{hip,' x the beſt of each 
ſpecies of the plemiſming, which the Heir would have 
ight to, tho” here he bad not claimed it; the EL 


294 Ius TEATII. 
found that the whole was to be accampted for, hut o. 


ee 2 07 to find caution to be ae them + 

45 E en appeared. 5 ount. 

1708, Relict of W ora having ae i 

te, conũſting aniy ia money jaid ont in perſam 

kale, with irritancies pot. to alter the ſucreſlion; 

and in cole of pplifiing any of the ſums, fo rg. empley 

* the terms of the tailzie; in a ſuit ar 2a woo 
3 

Th Lor e efellee foun 

Hee 4 qyment, and found N Er 

badi no itte in the ſaid re · emplome 


name any of their number, at N fi abe 190 wee 
ſouls wn Fob. the. qi re requ-» e 
t. 3. F 29. 702 landen. ' 
45 12. lan. 169 " Bel landen. In a dec latator 


of. lifercnt eſcheat, 3 way Prog jus tertii ct the vaſal 
2 


and his creditors to, alledge,.thatitbe vaſſal's 
2 N and ele e n 
bea er fark, made the — 


the 8 Si that Laſige, was do 
ing. no more by 1 e 2_— EE tight, 1 
bom the liferent- 1 fall, if N e 


Dur. 18. Feb. 2 Cra ED 


. ee the er . 
l who being au 4 canly 2 
| 2 is carried wy * Aue . 
35 te excenors gn a he 7 

ebtor 


5 hed. on Foun, 4. 


ſpulaie _ Aale, althe' at. com- 

B 7 5 ame. the . party Ee at the — 
it beiag found /as tertii to the to e 

Ld ED in, that: caſe, was e 40 the 
King and his donator, Mait, 26. Fj 1552-K 
"Ol gps erent being conſtituted to a lady by 

Tr whe vas only liferenter, Net bis an 

the fee, and 2 after her id 

the, . Tho move; this: exception. þr opaned by 


eee 
b dh 


4 — "OK, 32 7 2 48 T 


4 
4118 


» 02 ” T7 ®* 


- 
= 


DB RB PPRarRLC TOY ES OB e GG YTESH EG PERS RS THO 


right appeared to compete. 


Re iow oblige the — ths en ee 
payment af the tend, without produgitig the; 
cation itſeif,. and inſtructiag «right. to then in this 
perſon of him they were en altho"no'orher 
For b. 2b+/Nov.:1716;” Mir 
chelk In 9 of property of teinds, the 
title of the proceſs was a right labeuring under man 
inßrmities, but which was contended to be fufficient 
gainſt heritors pretending no eight to the teinds of their 
lands; and that it was ja, 745117 ſor them to obfect 
igainſt it. Is wa yielded for the defenders, any pre! 


no man can pretend intereſt ĩm o to lands, but in. coi. 
ſequence of: a: written document, which, if he has not, 
it is jus tertii d objetiagainſtany preſumptive title in 
the purſuer ; bur that can never ha in «queſtion 
of teinds, becauſe aniheritor's right es the lands, fup- 
poſe he has none to the teinds, gives m A plain itite· 


relt to-objeQ: totany/man's'being deelared tĩtular of his 


teinds ; 1, Becauſe every Horitor Has a rigbr-t5 have 
bis teinds:dectared free, rather than in the property of 
any man; and that becauſe feveral legal A ariſe 
to bun thereby zu, Every heritor has an intereſt 
that his veiids : ou o tbe Crown rather than 
to 2 lubject the Exchequer being in nſe to grant tacks 


to heritors. of their teinds, at à very eaſy ratet and Ya. 


lier. to belong to: the patron; from whom they tan ac- 
qure at fix zeavsi.paurchaſe; | thun to any other titulär; 
vbo can / demand aine: The Lords ſuſtained the 

ſaer's title inethe ſame way 


Bene rey land- e 7. Jak. 1739 
Home. 


ONE e eee Pi havieg-opewthartich; 
inten ed reduQion; of aithird:party's infeſtment, it wis 


lound competent to h party to. challenge the 


| * 


ſupptive title way de im a queſtion of Jaydy, becauſe 


on bf tan the action had been a 


I» 3 run in 


Spo climb EL — 
ved and, retoured Hering 
deem, ap adiud ger —2 ale the;.panty. io 
om the heit re was, preſumedi alive, his 
th not being jnſtructed, the Lords. foynd; that. 
alledgeance was jus tertii to the adjudger, and fuftuns 
ed. proceſs at N r pro 


| 52 in regard there was no. nearer 

e ſame. ount, 17. July 3 loge 1 
duction of a wadſet ſued; iſe 
having proponed 8 1 the app 
was the purſyer's title; the Lords. — 
751 found it jus ſertii. to the vagſetter:to Sa 
1 againſt; She purſuer, ae e. 
hob it was contended, that the preſeription | 
755 e gendi on the appriſing. ag much as if it had mo 
_ renounced, preſeription. being a. legal renunciation of the 
right. Fount, J. Nov. 1704. Nicol. The Lords found 
the action of exhibition, ad.:delibarandum; competent 
7 all Kinds of heixꝛ · male, and of tailzie, as wellas hein 
of line: 5 t found it relevant co flop: proceiꝶ ax an ap- 
W 's/ inGances that it was offered) ta qs inſtruc 
ted, chat there was a nearen heir. male. Forb; MS. 10 
Feb. 4714, abou Ba as haver pf avzits Wasn 
; 4 „ to deliver them up iq a tutor dative, who Þ had 
found caution; notwithſtanding the def 
to 8 parry eo a 2 — 1 in 
ſtament. pot. %,, 1. 71 Srilton #1 

. 1 * 0 bad, WE 3. 3 — 1 FA * 
N, a competition between. two apprifings; Ra a 
on infeftment-had, followed,: both; led: before, the ad 
| bringing in.appriſers por paſs x the Hrſt;appriſen being: 
alſo fir infeft, but it 3 objected againſt-the.i 2 


t. by h 3 * 
ment, by the. ſecond. ge hg: $a ork . 
as produced; the Lords ſuſtained — go 


8 Wisg! in the name of an 
did not appear to have any pers Ki na aſſigna — 
" 965 it not. jus r to e want o 
2550 | * 


nation. . andy 25 * of 


had alſo in his perſotd A conveyiince' from the 
in hol infeftment was taken. Star, 22. faty 
1668, onn 
ing hs. right of u falmon fiſhing, the one produeing 2 
right from I ſubjeQ* of a very old date, ut: not- 
connected for many of the intervening. years,” | nd' the 
right of 'rhe” le fog, g charter from bis Majeſty of 
a much' later date} ib Lords found, that the” ne 
had no intereſt ti bj ect to the nollity of api oe 

mid · couples dd the” „and Thatt it was fu wt 
and ineompetent for him and obtrude thit de- 
ſet, unleſt he b 'the ſame author, or 
ſome ſucceediug in virtue [of kis right,” Fount. Dalr. 
3. Dec. 1761, orbes, A party being near 100 cure 
220 infeft in i feu, And ſome years thereafter Wtiother 
haring appriſed it ftom him, and diſpon e ring 
ing'to 4 third pt and the ſupe — 

improbatioh agzinlf the taft diſ 25 gen 
being exti 1rd + phe pr 
fafine ou che Eſt charter, and the groands' and 'wat- 
rats on Which rhe Taid appfiſing was led; and yet the 
defender being ANF load "be heard; the Lords 
foand,” That the” uffuer-could not quarrel the” 1 of 
theſe evidents,' 20(e; us heir to the pr 
charter, he was'Nable to Warrant it, aud t frothy 
irn for kim to quarrel" any right /devived frogs 
fuer, and founded upon that'chartey.” Ford 95972 Jan. 
Founr, 1. Feb. 173, big hor The Lords 


the perſon againſt whoin it 8 | orb. 1 1s; Beg. 
$70, Erſkin& <A fellity-ih't 

ing given to a tenant to 
a ae ws 
another whe: Was"! 
oth » prion RA 


ASCE ESE EEE ES e . 


cond appriſer, and the heir 2 the firſt appriſer, wit 


torr, ln two mutual 8ecaratord! touch- 


aa, vis." 9 — . — 


* 
F 
" . 
oy * 
— E 4 4 2 — —— Ga —— 


party, who bag eie n lands, to — 
gainſt a competing ni ic was aul; 15 | 
being led upon « Dake 9 by the debtor, _ $6 
— quarrellecd thut adj udieswion 1 fight fn 


= N ant — 
— = jun — — — = 
— >» 
* 


398 Us. TERT11. 


therefore 128 1. A $8.84 gert , : ng. Fo 1 b0 

30. June 170 : 
8 apparent heir - ofcring to renounce, 22 n 7 1 
ditor thereupon craving, decree. 1 0 gas ler 
ther, creditor alſo compearing ang. alledgi by | 
could not. b * Lala 15 tro 1 hs 
e or's 10 a hd 
.cauſe he Ne a, proceſs by Þ bar 
Juslify the 2 An Ko, e bh” 
Ae 9 Had 
of his diligence g vile. I — 
IN a. ſit for teinds pelonging 0 20 12 "4 
fermilive, fapaded ppc up a mA gra _ 
gud another by King, Willine, t - 
8 patron, of the pariſh, and . Aye Fra a 
af the teinds, by the ac 1690-3, and the that a8 f a 
not prejudge any 7 who bad 9 70 + jez it vat 105 aiot 
again, the -purſuer who ad np, right: fer r Ha 
; the tach ſepm Charles 05 12 — ſame, was expired 5. ite 155 
"ro the tack from Ling W amy 15 aun kno n. 
. no right to theſe teinds, Feet E . 155 £47 
 fermline was the ST 4 17 | dona 
25 the ſame | bel For 
viſt c 
of no 
aids 
entry 
"Hd: Gefen 
thi 5 * A Dex cers 
n 5 . bal 
kigdt gro her, or {ome 2 tr, 
Fords xepelles the geſenre, Eging t Lee Wo 9 
Y . derives) rt e * 9 1 
5 "IT QuPt,: N. j 2 1a er 
_ ANS adgrloraor el the Je top of of cp rh 
beer! foe A dee being.ob lp that 
nc 1 is th rats rt for the deter am 

"dj. 105 ' 5 it is, not. 0 Tr ome” quire 
a CxXempyon,, trom th e juriſdigion, the ie af trtii 
a e une ig labs by his 1 = % 
1 © ghdrwide barony Nene, 2 ſub 


f 
at / 6 A T1 m2 > ie „„ Conſe: 
Y #57. / 


— 


8 5 


re 


* 


1b eri?! as. 


i burden upon te Vieges, | and the worſt of ſervitiidens 
$4 4 {tt bonne 
7. Dec. ſea] „ Dun. 

AN al ice of 1 oullity RG  fingle ind? 
liferent, as Take For the tebel's 'behoof© WOT 248 (4 gb 
by his domeſtic fervant, Vas fepelled, as Oe 2 
being proponed by the iordt kresforer, d: priv, 4 
wocate, or eonptroſier, or any other not &. combetent 
daring intereſt; unleſi it were proponed "fo forme, and 
by a creditor or ' competing donstor. 30t e vibers.. 
Hadd. 15 Feb. 1601, Tenants of Scoon. 

— — Nullity: of à gift of eſcheat as taken to the reber's' 
behoof, Was ſuſtained at the inſtatce of à poſterior do- 
dator againſt a prior. Hadd. priru/t.'May 1605, Dou- 
klas..— The ſame objection not only ſuſtained" in fa- 
vor of the creditor at whoſe infidiice the rebel is de- 
nounced, but in favor of any other of the rebel's cre- 
ditors attaching the ſubjeck. Dur, 28. March 1637. 
Hamilton. Tis not competent te one deriving rright | 
from a reef by alignation, after the fingle und fiferent 
eſcheats are gifted oe declared, to quarrel'the gift up- 
on act 1 21 ird. 1892, 4 Litiulate zud nüfl, y the 
donatory's allowihg f rebel to · continue in pofſeffion. 
Forb. 10. Jag. 17 13. Wine perſon having the 
giſt of eee e, und 8 his declarator 
of non · entry of Fader ars aſterwards, was found not 
eſidable by an alled hot eo That uch gifts of non 
ree terms zer ue — atiſe this 
| * tteft' tg the val,” but (o the offi- 
cers of ſtate,” or any on dohator. Hadd. 8. 'Joly 
1611, Dickio ut in à proceſs of (ſpecial ge 20 | 
tor, at the in "of by Tet vor of fingle"eſch t 
ths found' competent to the defender to lead, * | 
the bond was granted Him more than year and day 
mY the denunciation, afd canſty ny not under 
gle eſcheat, the ve! gift bates all ; 
that ſhould' belong to th * before Ki 
ing ſuch ifts are reſtricted n re "th | 
Uure within year and day; and it was dot ea 7, 
tertij to quarrel fhe pur cet want of tirſe.” Hite." 
(Eſcheath 3 oY n. 1684, Neilſon; In A cn r 
a ſubtack, ith ſübfack che prihcipal ſetter had 
caſented, and had ſubſcribed the fame; this-reaſdn6f 
WE SE reduRion. 


* Us TERTIt. 10¹ 


< alled f or their "intereſt. "Ford, 
: aye. =O infeft 55 of an- 
nualrent 155 4200 ull by except ion, becauſe — 
by a 171 . 4 15 not of intra, „ altho” 2 8 Kerr. 
ponent bad not rig orfeiture, Ho ore 
feitare). 1 gh 1620. £Þy.s e 18 5 e544 
an aſſignee ny d th dente Seger 70 tee, 
That 5 creditor might propone gau 5 the,afſigna- 
tion, rated owt ne re ellos , altho? he way not the 
credito a w 1225 the Jrnf was raiſed, Ni- 
colſon, (Aſtenation) 20, July 1624, Caldwel. The 
nullity of an alſignation made fante rebellione, was 
found object able by any man, tho? neither rhe cedent's 
creditor nor donator to his eſcheat, but that the ob- 
3% WAFY. he e 4 quo/ibet en popule, Hadd. 9. Feb. 
„ Strajton. 12 11 15 Fed, FLO e 


* oy. 16 Ads. ee f or, Wave, ( at 1 8 * 
ſtance c a0 pore, ag again; 9 75 "who bad A diſpoſition, 
ab Je is rom 


bad 
ck- 
6. 
ho! | 
ce, 
n: 
ed 
la · 
ay, 
Jas 
10 
* 
No 
1 
d. 
io 
ws 
d, 
d 
fo 
ce 
jo 
b 
7. 
1 
e 
„ 
1 


to the 1 That the ſaid gilpoſi⸗ 
tion 77 9 poly or 0 | citation and executi- 
ans 0 f another app 5 of ch that of the purliver's. 
in withi; u 67. "aftet which the common 
1 0 E aft 55 1 yes to th reſu jadic ce bed 
elde 1 0 a 7772 80 
bed bas g on ot the 1a 21 
ET p . 15 ved che 
- 8 in 'apprifi 
therefore LT ew, in 15 12 Na aha Pe | 
author add 8 0 the 7705 mana 4t0 alter 
L this zuterlocuro Ok Wilfon.—Th The 
„ ebenen 7 Gla A Von 
L Tm « his rio an 
f 10 te rnd rp SB po 5 3.90 
b ede [t Eder ; 15 17 Hs 7 m. 
| defence —.— F for granted after 
a c 7 
b # flir was coi n 2 I. Ki Wes e the: 


terlii for the del 22 75 propos r 4 ls cs 
i only competent 98 315 1 Bilbop of Glaſgow. 


e . of: -the 21 
ae, 26. Nov. 7665. 
4 - | 3 


.CL/ 4 Forfbired- it 
2 ee Aa wallet, 2 
Later 4 to it from the original wadſeſter, Hut 

clfien. -  conveyanees having been loſſ, i vag fand 

„ ſufficient hat he was. in-polelGonef th 

25 t Mio 'and, produced a -diſpofitiqns from; the 

| pe hg cgi SAT, ter. Fas been „H. 5 %% 
F aer, Jan. 8. h. 727 1 5 ce 


1 * $ 
* « # » * 7 
—— 
CEE 3 * 
#34 Hogs 165 


x 
c 3 4 ' 4 * +; 
x * 1 ; 3 2 


8 I 2 I £ . by . 's 4 4 
p 2 X 5 
# tis Ai, 1 4214438 


” 
& 4 4 3 
. N 4 F 7 ; 
: : a ? * 1 
p = 1 5 ; Pg s 1 + 7 wi ©, 1 A. 7 
* 0 4 K + 4 2 * * . 6 n * 2 *. oy % , * 2 
* 4 14 ; 17 4 * 8 : » 3% i s 2 1 1 , * * 7 
— / p MM 4 Sg: 3 
x 7 2 : . . 3 
* K ; 13 2 ud * £4 - | — Fo. ov TE 54 1 N T 
8 T0 s ©, 9, * $5 N 7 
7 * Vn + . 9 af 3 4 - « i * - # 1 
* & 7 P * 2 
15 * k * } # . 
- os 


he fe — ras fande fe. 
gern Waage, 1. bins Anek ze 
e itt . in 567 10 
ALL Jands er ee are the King 'n peo 
per, and no lawful infeftmerit cn be 
danexed fl Xing but in feu, for angazeatation of 
b. SIG s reatal;. and. albelt/ any Kod; 

, IIA 1 lordſhip; or 


dg ver heritabiy to un a. 
eiche in the 
Hands, and were 3 will remain with the herz 
| ter holding: of the King, as he held the ſatns before; 
yet land: copkig in to Uh King's hands/byforfeiins, 
recog nition, or da, ee ad per petuam Femaneutian, 


[EZ] 2 4 EI E 


Annexe ty. and may fipt therraſter 
be. mill become but in f 575 ne 4 tation of the King's — 
rental: and the poſſeſſors of Fal fun fach ee mp 
to the fle ward's juriſdifios : 2 the'aceepration BY tha 


an original infeftment of ork ug eee fr | 
to ba. wiki the ſtewartry, will make: it e 
ranted otherwiſe but in feu. — — 761 
Bengt, 3. — Annezed property cannot 

W AS» Feb. 1669, * . eats 1 05 1 


SSF 


24 


KE 1. N. G 405 
ality, neither- granted nor ! * 
qarlianent, 4 s found” to be no regali- 
ty, in terms of the aQ 43. parl. 14557 Poor of 
and, in caſe it refer to an anteripr rega- granting ju- 
kty, the Lords found that it euld not riſdifions, 
be ſuſtained;unleſs either the old in- 
fefrment was produced; or an aft of 2djournal, "one 
the ſame has n * r Hadd. 
20. Ian. 1603 Rothes.. 2 
11 Eing i perfrct ag . wund. to be 21 q 6 ars 
complete, ſo that whatever is done hy © 434 
bim after. that age, comes not under OV, Pro er | 
general revocatian, Mait.28. May 157, vocation, .. 
The Queen, &c==—The King's revoca» 
tioa was found not to be ded 10 ads of parlia- 
ment made in od i as = 55 1 
ee mentio! l Aer r It," 
Iy 1622, Rothes, -* Nl by 
THE King; by bis advocate, havingeompeared ata fer- 
rice, and conſented thereto;and done fe+ | 
reral other deeds of homalogationehere- fie fo be 
of afterwarids,. neverthiteſs a redu Fir 


of the retour was thereafter faltained, at 2. 


A NEN. 


== c Am 9 


T W196 BE © OO 97" « ˙n ꝛ TT W t... ̃ 29S 041 


| his Majeſtys inflance,! after better infor- - 
mation, 'becaufe: the* wrong i N 
on, and omiWGon of the officers; ought not to 5 
his Majeſty. Nur. 22. March”. 1633s The King 
Where che King ig purſuer, it was found, That no, 
E not inſiſting can be granted to 248 
er. Bulfi A 16 Dee, 18, The ; 
——[t was: carried; by a narrow dual ity, vpon 1 
14th act, part; 1600,” That competent and omitted does 
not bar the King from challen gin 
zainſt him. Pohnt. 3, Feb. 1698, King's advocate, G. 
n a charter from the Crown, teinds being thrown 
in per incer/an; which did not beleng to the King at 
that time; the fups vas not found to take. 
place, tho theſe winde came afterwards to be in the 
hands of the Crown; by the abolition' of Epiſcopacy; 
brcauſe the King ie not preſumed to gift what he bai 
not, and cannot be hurt the 6 
Pon. which. footing, 'a meer ' tack of theſe ind, 
om 


decrees obtained a- 


fem the Cary was fe erred. fs int, 45. J 
1 1 
5 IN a | romperfiſon.' between the Seen g f 


OS #4 


17 
a 


eiſe, in bebalf oft on, 80 for A 
King's pri- of the perſpnal cre thy he Earlof WW 
vilege ai cre- Northeſk, about certain IK ils Mac 
ditor. the tenants hands, the Comm hogers in- | 
lied for preference, be becauſe th 1 — 
menced their ſuit before Apr.Þ r.of the other ci ry Borg * 
tained 2 N atute ty 578 in, 
cap. 39. ereby it is rovide 
Ai have . execution,” or 2 debt. 4 Th 115 2 9 
again any de Yes Ty che 774 othet 17 715 7205 75 01 
that the King * fait 2% proce/t | 


awarded for 557K /a is 175 

410 other eg let, Th |: Er ih 

oners. Jan, 1924, Gpege 7 5 m. 

mi 22 of Exciſe 6.0 Creditors.of forthgllc, lK.— 

po 2 NL ks not. e ainft 
tai 


for, 
uf 


15 28. Jan. vi Au. +: abu T5 2 mig 
prefe * Kir 
Later + nah 985 7 oe 1 CA! * of 1 
Ain, pag © nbe Sabre; b wut 1 + 1d gers, the 
r 7 ear and e 5 To] b. ber 
parl paſſe vith 37 05 95 . — an 
et N ks on th the 
MK FERON Bite W. ich ſpe 
the parllament ol abe 1 0 585 cor 
= "parton, and 4 e 08 anc 
the ſeals; he lived in full 70 Mic 1 
dmitted to ſue ang to, chad in 5þ bu 
and alſo acquired right to certain adj 00s a8cc val 
5 nant the liars, Nis incurred forfeiture_s pes tie; Ju 
Bikt of 1475 at: ta the filter a 
Ae e able at pleaſure ; Ihe con- thi 
veyed it to Vans . by perion ou 
for an eluſory loved: or 
he was pardoned, Tad ARS g1d U 
redeem ; afterwards he entere lion, and che re: 
Crown revoked: the 1 hey decem un Kal 
creditars, ſince his fir Nec 3 TE 5 ny T 
up, title i in law, to. claim payment 'of their debts, either 


E1N GL ADVOCATE: 2. 


t of the eſtate, or l of the adjudications 
u e 1 2 7 xj; fone fo bis 8 . 


led. Fac. Col; v. 


9 


. 7 er n 
4 47. 1 17 + Fs 15 
480 e ate 
f the words, 1 98. 1 232 
Macd 1 b e Laas! 


£43 l 16h 425 rf 163/00 


eee 


ae. 14-23 {2 bt ; 37449 


75 1 
K 1 N Ga, - 
| 1 r Serre r 


IN a com BY tion b between two right, 53 ‚ : TP. 
King, ch e 1 
2 ON 7 5 warren. 


Pann he, one; 5821 
vithout a ſpeci A 
20. Jan. 1 8 29 Southe 
grants from i Crown,” 


warrant by ſigned. 
8 2 owe BED 


999555 fon tle; 1 
might 1 A $4235 22-4338 
Lag, Rk | pg the rights” 
E the Crawn ff FAT 
the rights of private p ö 
dene, GC. — The ing 5 apo de 
any action, at the Ki n to 3 


the rig ht of any of bis Mayelly's Nee withous ® 
peci to 
concourſe to a -oceſs. WA 
concourls N Fed. 169 
KING's foal: ane 


durrows, w 
vate par LIES 
Jul 161 e 
8 95 on. 
the ties of tl 
out the pan bond 
or donator by! 
hes the 3 ht 
reaſon of Wee 
faid act. Dur.” 22, 2 
8 "IM, . advocate br vink 


r % ˙1ð,¾ , — ůũddSadm ü WY" OR WET 0” OT TY OW RY TR WO OS . TP "RED > ©; Þ - 0 20” 


aden any Niobe. 
may 


1 


* 


parlia t. lipe tate of conr 
died gde rio: ta be ol 


406 KINGABYOCATE: | 


his "ſecyriry 


be the an ufor ter for went 


his other tries contilfh 
5 of rin ht e u 28 — 20. N 
arcla ors ing , the . 
15 7 1 'vichout thy 


— T: 
E Tae the King's advocate: 


improbation by himſe}f, but muſt have: 8 
Colv. June "3582, King's adv olv. ©: 
March 1584, King's advocate. The Js refuſed 
to ſuſtain protein of a writ, at the inſtance of the 
King's advocate glone, the parties c6ncetned being a- 
_ greed anent it. Coly. e 169, King's'advocare 
vet the Kieg wave may poribarkot 
charter! under «4 e "great. eal, FI Git any inforwe⸗ 
25 e 8 Fes. diſp eure hat fe te 
other. eb. 1597. on. und; 
he ah is ha ets Advocate KAN be ec 
| 1 bool : 
17 1 


2 n 1 rn ws WA f 


21127 THalmer 11112 U 
bee 5 hat indy forge 
277557 f wht 


never 


115 840 0 % 46 


Trnida 2 *\ 
405 ths came 


Feng 


ive his 15. mired to pri 
4 5 25 0 85 
41 1 » 1 1 | nt 

z Fas 6 


a0 nn n the Lords found; the 
to do. * 38, Ho 177 e 5 


* „ o av 
{4b 


wc co 


©. 


Landa. RF 2&8 ies... a 8. En, Sod. of 


ö 


rot ng fr lities, aud 15 
<7 eee to be A ths ſhire of _Edin- 
"org 


Ela tt KM AST EZ r A e . ac. ; ax 


v1 5436, 46, 39 1 Gua: 65 dine 65 tis 0 | 


K ju AL AC K. is 


4 
2 326174 3% 64677 46014 I * 111 rw" 


EE pita of ge 15 e 


1 ia de rega * . yet, by the 
royal 


. 2424 . 
ir, 16, rn. ts, 185 
WTR 54 2089 k. 89525 cd 


my oe on B. KX. 85 ; | 4. 


4 Et AA. n — 415, CELLS 


ES 7 7 5 | a; MITES 7 * 588 25 5 0 
1 5 Le . 


art o * irt e 15 5 ne IE Wm 
Nika) Der - how * 


i 
A gu gg 6 as | 
were ee even a cad Tack Rattan 
bad not been p 1 75 at + 8 -of tlie ſtent, ſo that 

the taxation was. i a without 2 
ſent; but this 7 pet, & of he. a | 
der { Kirk- Roe "Te: „ Nov: 1639, 

o Liodar Rh che ch: 75 13 Fr . 
fo a country pariſh," t Lor a 7 
of that eguß 6 ore) able for 1 5 
quire of the Fey poi 1 Tut, TY 

the acres; 4g *<ountry:or, land! A 

caabed, 14 or reparation. « \ h 

church 5 t 1 ud 

(Uiniflere ) Fo On Ft Match 1685, 

ney 4 4 5 0 | 0 a 

1 a the. Burch, d. pro n 
to the poor, And: thej ta be 2 
reparation Of e chur "3. 77% Maier | 
kirk. ſeſ on 'of M 10 4 | C 


a ERITORS Fares 
"OT by 


S a ry ET 
obliged to contribute to the buying of a belt for the 
church, in the ſame proportion as for repaifin the 


church. 88 15 Feb. 1642, Pariſh of Innerkeithing, 
E diſpoſal of the ares of. the 
| Difpofal if 'chu#ck js in the heritors, and bot in 


the miniſters and kirk-ſefſion, ''2o, Feb. 
„ 178 Herſtors © of the on tor of Finkland. 
IH wy of of Kinghory is part! J. landward, and 
5 fis partly of a borough of that name. 
* deciß. By the ancient uſage of the pariſh, 
| en the church and miniſter's manſe 
| fell into di ſrepair, the expences neceſſary 
on that EDS i were divided into two. equal parts, one 
of which was paid by the town, and the other by the 
landward pariſh, In 1759, the church and minſe be- 
ing both in diſrepair, a meeting of the 1 5 and 
magiſtrates was called; ang it appearing, fro: an eli - 
mate given in, that tl e, ethence * 's you ba 
mount to; L. 102; iB;, it nerlings 15 A 
and town council were ap igte d, ha 6905 Pa 15 
one half of that ſum, conforch to uſe, a [ wont, .and 
the other half to be paid by the heritc e 
their reſpective valued rents within aps rich. The 


* area. WT 


* 8 4 4% co 


.magiſtrates brought a ſuſpenſion of chis decree 1 80 com- 


plaining that it was unequal and ge ee to im- 
"poſe one-half of the. -porde of theſe repairs upon the 
.tpwn, and Jay, only't other half” upon the landward 
pariſh, which, was £1447 9 and lane, and infiſtic, 
that the proper rule for ſettling the proportion of re. 
pairs to be paid by the inhabitants of che town, as vell 
as the heritors of the country pariſh,” was their reſpec- 
tive valued rents. On the other hand, it was mäintäin- 
ec by the heritors, that the town had been in the im- 
memorial .uſe-of paying one half of theſe reparations; 
and that they bad no reaſon to complain, as they, pa- 


ſeſſed a much larger ſhare of the church aren: At the 


_ ſame time, the heritors were indifferent in what pro- 
portion the diviſion of r repairs was made qt een the 

area of the church was divided in the ſame pro 
And in order to have this matter ſettled, a proe eels 20 1b 
brought, at the inſtance of the heritors, 550 inſt fan the ma- 
- giſtraces and community of Kinghord; 4 the 
E urch · 


N 
, 

F 
i 
2 
1 
t 
d 
0 
e 
„ 
rf 
c 
d 
;. 
- 
ll 
* 
* 
'Y 
$3 
2 
de 
9 
be 
as 
A- 
he 
b- 


7 | 
- 
- 
we 
- 


— 1 1 1 N 
Ns da 8 eee Baue. 0 2 5 


« fenders, Table in g thare 5 repairing the ma aſe fs 
« fice 15 ik gf Kinghorn, wth the, "herfors 
« of the;landward pa LY then ;Pariſh, in propertion.ta 
«. the amount; of , *. ceſe . out of the 
« Kingh 84 and that ave wy the landward. part 6 of h | 
« pariſh; and, that, 5 de ee are, entitled on iy 
« the poſſeſſion of,=.thare e area, pf the. rk of 
« ing to that pr 3 bed 17 Pleaded in a, rec (vg 
bill 2 the deſenders, In 6. A The eſtabliſh ſhed g and genes. 
ral rule, by, which. 8 gre, Hare B rop 6rtioned d. 
according tg the yalyed rent of the 5 8 and pot 36. 
cording to the proportion of the ceſs «payable opt of it, 
The, ceſs ppyabis by any town to the royal g 
not accor digg tg any 0 rent, but variabl e accord» 
ing to circumſtances; More than one half of it 
cels paid 'by $8 burgh, F. Kioghorn is levied fram;the 
different 4, es and 50p „ments within the town.,z an 
this part of, the ceſs w hich. is paid, by the 9 AN! 
which is neither impoſed on hej lands in he. 
nor their houſes,and burgh · acres, is, by no 14 9 
ed to ſuch public burdens. Syppoſe, 4 gentleman 194 
have a thriving and populohs village 15 his elfate 
this will not vary the rule, and he wi 15. 9 8 
to pay ſuch repairs, in proportio va ned. 
ade, It will be attended with. v 17 A. R . 8 
the inhabitagts aof. Thi burgh, if they are oply oun 
entitled to a, ſhare of the church · area, iy progy ction c 
the ſhare whit by t 4 Part of 4 7 
tor, they are to pay ol the repaits, | Rather | 
tit to this 1 mer hg win they would agree dd NN 
* repairs of the church, in Raa to. 
th they at, preſens, polleſs, 5 tar of the di 
— their "alu d rent 1 that of the Mong 
par at the ame di they ehe 
not in reaſon ys 2 th 20 which, | J. the uni: 


verſal practice, js d by: the of the _ 
ralved reat..” b. ent « foci, 890 nod 51 752 
inhabitants of the. burgh. have, 7 


qured a right of N in 


ir ofts 4 3 1 f 
1 1 aeg fy fy Wer a 


;.and it would o 


or 


= x x * K. 


Bon much confüfon, if. a 1 new viſio | ware to take 
place. Anſwered for the n The burden 75 re- 
pang the kirk and manſe muſt lie 'upon the keriton, 
the ſaine } pro! ortion in Which | Thy are intifled. 03 
ſbare of the: area; and this pro portion of ihe ig be 
aſcertained, according to the extent of interel 
which "every heriror has in the pariſh,” e pro- 
periy 765 the Zhobl church "is. 150 mon 2 % toes, it 


Lone to ho, thak in n other proport 
than that + When corre ponds to their property is 
the 8 10. Feb. 47 3 8 7 H ho cole pe the 0 
Faulkland contra the Kirk-Tefion. The 6nl L Woehe 
par Hyg rn is, How the extent of their ptbperty, or in 
tereſt in the pariſh is to be aſcertained ? The undoubt- 
ed tule of dividing fuch burdens utnong Jandwatd be. 
Fitors is the valued rent, which has been agreed on a 
much more expedient, than entering 'upon proofs of 
| rent, Improvements thereof, ,and dedudions from 
E fame; and Med this is the PLP: among the land ward 
eritors themſelves, ſo, when a burgh happens to 
be ſituated in a a pariſh, the neareſt; eſtimation chat can 
taken to correſſ bond to the general rule, is, to com- 
are the, yen the ceſs annually; payable by the 
burgh, vith hat which is paid yeavly. out of the re- 
Hain e pariſh, rare? d wide the burden 


of te 9 50 ike ſame'pr Na other rule can 
e taken to anſwer. the luce 97 the fav, Neither 
as any diſtiþRion ever been made, in this eſpe; be 
tween Foe church and the manſe ; the one, s well a 
ide other, muſt he repaired and upheld by the heritors 
and the method of levying the repairs has, at ll times, 


pere the fame with regard to both. In the next place, 
Whatever role ſhall be adopted, with reg ard to pro- 


arilh, the' ifion” of the area miiſt neceſſariſy corre · 
pond to the Cithe rule: For it is aneſfential print 

25 no law cn diſpeuſe with, that the burden mil 
N ao the ſeveral. parties, in the ſane 
ropottſon tha n of the, ſvobject dherehy a 
eced,. 18 to a divided among them: nom. 6570 
commodum, eum debet ſegui et Se poſ⸗ 
| Teflon, for any length of time, can entitle a bench 


ortioning © Fr Sen between the town 460 cob 


, 0 „ entit] 4 8 ren Ta of Aha! Falke 1e of 9 


u were Alid emitied to retain poſſeſſion 6 1 E 


fion- houſe ofa an 2 _ 


Ro BY TAO BHEGCABBOTD 88 AEF SSB ET Hs nds, 


KLIRK PATRIMONY 412 
hare i in, the area of a ea who > property. int 


pariſh; and as Netſe cas ay go entitle an 
tor to 4 greliter fate of the church han ecFrefpon 52 
to the lands he has in the pariſh. This w vl het 0 
bl 2 prefc ory right without * e, Day even 
contrary'to the title of the W whith muſt, from 


ature of 'the thing, 
3 rid. 1 by bon Nude th the , e 


r 
rded in on abou divid. ing the . 
pa hy jos leon. d. Al 3 8 . 
other point oſ the repairs, it 'was at laſt a — n by 


both parties, tha _ «bars 5 ſhould' Spring © 
one half, 2 > herlp ors the other, "2 6 « Loh 


* foun community of the burp 


of the to 175 ern, ſfeſſell b 
„them; and that rhe he rirors of FR _ ard pat 


*« tion of the 0 f faid kirk, 
ve them, b ph judice to Cork: 1 7 5 ety — 
« wird pariſh! Jivith x the ſaid proportion of the kir 
6 altert det to 115 them mag = 75 
« the community '6f th bur] h, dividing 
* portion of 150 , aſee ided tg co r 150 
" the community And, 'of conſent,” done, Tha 

„the com uni of 'the * bur h of Kin bad 
deen no w ay — blk of he re iy ot kirk, 
" manſe, and office. houſes; therefore, that "the werd 
1 liable ini t ole he =—_ the' preſent. re) dirs, Ang far 

alf ſe; a 


4 ſoin Bd 
office dovlt tig 0 ac; Co 


pas” or 50 id ki 
2 W Mer oF King ene 15 88 0 
KIRK. * A T RIMON x. 


T was found | That no rich a e 

ſet of aliþibils Houſe, n 197 | 
WoBel Vithin” 0. rn 5 e 
alf. ( Tack 12. Ma Abbe of 5 


Corſre Tel To MA t moe . ſet in 1 Sg 


* L «a2. | 


4 F 


1 2 of . lab ute 


„ 


4 KIA XR PA {5k iff # 


Fares thereof, and the orchards, "tho" vithont the wall 
8 be ſet in feu . (Kees). + Feb. The 10 


Xing, 6 TTY 
COLLEGE | Setting the dean 5 os 
bay: N mortified; to Be 5 on 
130 e, Wade That a 
” . yo wh i 
t 


grant ata a maſters of 15 colleg 

awithout 6 [hh null, as Wanting 1 by ſent of 
fent of ef e apter;; abs: uſe tho! the, deanry, and 
chapter. fruits 2 were mortified* to the 
| college, vet the digait ns not thereb by 
ce of "the, fleas. and ay deeds do y him, de; 
fl 9 2 c tion, Te Ne the con 200 of the Te 


tinft; fo or,. by the. montification,. the college came in 
cha pter, ſo Was ie) elent caſe; they 1 
8 come in his 19 5 Re 15 Matol 1129. 0 


Jege f Aberdeen. = bee ee 
III Reel, A a of 

Nr 4 De ile gate charch, 

av ng con ſiſted of + ci 115 ond, 97 


dhe proyoll, it was found, IBat the ſob- 

confent bow foripiions of the major, eee 

Jo * Tie. Ac & tack: ſer by, them, and chat the 

ä eee of. the proyolt, with three 

1 re, 2 oh ſufficient. / D; Dur. 
arch 167 55 an une 162 3. 

4 ound alſd, in the "above. caſe, Thar, pe Foal 

bp wg of; pupils, tho' in confinio,, nor of ab 

Fe country was-requiſite to fueh 4 tbey 


Foy ," 


1410 
4 


Pans their Ph of 80 patrimony- N ike wiſe 

und ; Thad i if all the chaper were minors, none of 

heir confents were requiſite. Hadd. Dur. 74. ; March 
bbs +; inter eofd.. - 

IN d competitidn for vicarage! ein the — 
| dent miniſter Nn to a Ro 
Stipendlary ha rack, from che 

ot /et.a_ Ker, e-having heen 25 4 e 

md. to on and enjoying the e 1 

© 


er ion of it Ir 
gut b 8 al, by ſentation. 2 


mn 
deat 


ht to the, vicarages gure po 
"THE 


Bur. 9. July ary . N of: Hynd wood. 


8 FF — 2 a, wy ,.y a= - 


ges - g. of oo. 


Ew © (0 5 woe = SY 


* = 


== 


h, 
de 
be 
ſg 


THE. e ae a a of aha 6ſh, aj ele 
ance. of a; biſbop, opon this ground. 
That the tack was ſet by his immediate "Taka not. 


predeceſſor, .notwithſtanding there was | be ſet during 
another, not yet outrun, ſet by a for - tt ourrency” 


mer biſhop, ſo that this in queſtion was Un formers : 


| ſet 4 non habents putefiatent-: 


Spot. 
5 Dur. ly e e of the Iſles. And 
z0*. the cl, * ch Was 5 lt ban: 
2 19137 | „Ab N 
HE: 8 obtains a Is of vicarage.. PETE 


teinds, nid apprehending poſſeſſion, by Tack inde, 


virtue thereof, before the demiſſion of | tual, if it bas 


the. .denefice by the ſetter, if be who not 4/Gined' 
is thereafter provided, obtain ny fpeſſaſion be- 


able paſſeſſion, the tackſman will not Heretbegraa- 
be able to, controvert e man ters death..: 
az Jan. 1610 Ramſay. _-; 


A TACK. of. teinds, whoſe entry is appointed to- be | 


at the deceaſe of the per ſon ſetter there 

of, is null, as conferred in tempus in- Or #f ſet: to 
gabilum. Hadd. : 9. Jan. 1612. Home. tale place 4 
——The. like; "Mai. 11. e 156. N 0 
Slewman, Fg | | 
CONVERSION. of vicual,, payohle 10 «biſhop, in 
to money-vent, was found .a contraven- 

tion of the act 11. par]; 1585, and * 
the tack, or other writ ; containing! be ſet pit b 
the converſion; was found : reducible. | dininutionef 
Falc. 20. res: 6% ert of, the. the rental. 2 


Ideas. ii inig 


 ATACK being: for by an enen perſon * all 
the days of the tackſman's life, the ſame. 
was found null, unleſs it had been doly. ; For 1 


con ſiemed.. Half. (Tack) 14. Dec. 1510, ſpace may 


Bithop of Aberdeen. Half. (Tat) 12. . 
March 1504. Abbat of Coriregale. —— 
Found. That when tacks; are ſet by Air ien. for. ng 


longer than five years, their ſacceſfors in. aſſice ate 


bound to maintain tbe tenants in the poſſeſſion, without 
any new graſſum, &c- Sinc. 18, Dec. 154, Biſbop at 


Aberdeen. Nora, Here it was contended, thai it ought: 
m3 ouly; 


a4 KIRK-PATR IMO Ni. 


only to be for three years, but the. Londs fonhd:it fire. 
—— This was again ſonnd; Mait. 26. 1558, arion 
of Mucksrfie, — Bot it was again found omg to be 
chree years in caſe of à vicar. Coly. Feb. 564, 
Vicar of Gaſton. And here the tack was ſtom three 
years to chree years, and the tackſman had bruiked 
and was er gcred into the ſeventh ) 
Mair. +4. Dec. 1569; Ker. Balf. (N. 
Simpſon, A. five years tack was foi | 
| by, an.ecclefiaſtical. dignitary, without: conſent-ol 
chapter or. convent. Balf. (Tal) a8. 2 Biſhop 
of Aberdeen. 26. March 1336, Parſongof Mockarke, 
2 h!ut with conſent of the chapter or convent, the 
Lords found, That they may ſet a.ninetcen-y 
which will bind their ſueceſſors. Balf. (Tack) 25. 
1542, Provoſt of the Queen's college. A tach ſet d 
a-kirkman, from three years to three years, till nine- 
teen years ſhould run out, was found only to ſubſiſ 
for athvee years after the ſetter's*' deceaſe. Coly., 17. 
Nov. 1579, - Found, That a proboſſrꝝ as nat a pre- 
Jacy, and therefore that a tack was null, becauſe ict 
without conſent of the patron, conform 10 tha. ad 203. 
Parl. 594. Hope, (Patrimony· e the lia) 12. July 
1616, Drumlanrick . Found, That a tack ſet by an 


inferior beneficed perſon, ſor longer ſpaes than his liſe, 


and five years thereafter, and recorded in terms: of 28 
4 parl. . 161 7. Was not null, in reſpect that the act pro- 
Bibits not tacks to be ſet for any. longer ſpace; hich 
if it did fimply, without adjeding a penalty, i4.might 
then infer a nullity: but ſecing the act adjectt a 
al puniſhment againſt the ſetter, the Lords found. 
That the puniſhment may be incurred by the contra - 
vener, but . ee eee not fall as null. Duo 
| Nov. 162 9 Des +7 . 4% bor 4th en 
" pen Frag t . .TACKS.. to endure during the ſei- 
Tack ſet du- ter 's incumbency only, may be: granted 
ring the in what terms he has a+ mind 7 
granter's in · none are prejudged thereby, except che 
eumbency.. granter himſelf. Mait. 2/4 Feb. 16060, 
March 1583, Pariſhioners of Cumn oc. 17 401 
| KIRK-LANDS being ſold by a chapter, with cn 


ſent 


_ 
— 


A 2 a,,, 


oe 


„ oY = WY_ 28 WW © IT _—_— N 


” 


BD 


N- 
nt 


ſee was vacant; the kale, and 'infeft-' Fee, | 
went following- — was reduced — — | 


+ + \ MR ES ae? S & Sod oe So en 


fent of che Near general; | becavſe te 


for want of the biſhop's conſent; Stcavſe'® mn. 
ſale 1 18 a voluntary act, and the viear ge · SET 12 


neral, ſede varonte; cn only conſent to neceſſary Ry 


and to acts of ordinary . And this the 
Lords did, notwithſtanding the deſend 


the kings (confiregation of the charter; N i 


vacancy} #5," in all reſpects, in Place both of the pope 
and biſhop ; ue the confirmation here? was obwdined 


during the” ndence df the proceſs of reduction. 
Spot. (N E 26. April 1566, Archdeaeon 
Breehin No ineumbent can ſeu out an 


part of his beneſiee without 7 of the biſhop an 
patron. Balf. (Feus) 1. Dee 1566; ro. March 1567, 


Douglaſs.Feus of kirk-landt belbngi „to lajek 
patrons fleed no confirmatlen. Hadd. 11. mm «46s 


Hepburn, 26k 243 ht eee To putt 16 $312 
THE Lords! bound That à biſhop, 
being not dohinus, but only an &ronomnr, If they can 


diſdenfater, curator & adminiſtrator be- chang? fimple 


mficii, cannot change a wvailal's ſimple akird into 
ward into taxt-ward, Home, fa. tant. au 
Fount. 2 Feb. 'Falc; 12% Naeh 1684. S 1-9 
Archbiſnop of St Andrews. UN 3 OE TE nee! 
AFTER ſappreſſion of che- pepih elergy, the cuſtom 
vas, That the ling preſented: perſons to 4 
the benefices;/ wht had the title of ab · Bretttes 1 
bots and commendators; und in all e- 4irk-/ard 
rections of benefices'in temporalities; the into temiporal | 
conſtant method was, that theſe titulars tordfhips. * F 
demitted in the king's hands, upon 
which demiſſons the erections folfowed: Upon chi 
account the EO preferred @ poſterior erection, bein 
upon ſuch a demiſſiqn, to a prior erection, tho! it 
5 chat the Scond was @ von bebents oreflatrg. 


Stair, _ Feb. 1666, Sinclair Found, That the 
feuers of an abbacy were only liable for the teu · duties 


contained in the ancient feu-charters granted by the 
abbot to them, but not to relieve the lord of erection 


af any part of the bleneh · duty — by him my 
8», 


KIRK'PATRIWONY. by 


i 9p OE Ae an — — — — — 
. 


416 KIRK-PATPREMO;N; Ye 


king, unleſs they had eꝝpreſily burdened. themſelves 
vith the {aid relief ip their latter . 53, becauſe the 
lord of ered ion is liable for the þlencb-duty merely up- 
on account. of the ,exeftion granted in his own favor, 
which muſt not prejudice the prior yaſſals,, Fownt. 10. 
June 1680, Panmuir, c. The. lords of erection of 
cburch-lands, which. had belonged. to an abbacy,, hay- 
ing fict, by a fimple diſpoſition, tranſmitted 'them 0 
one, and after wards. by. re{ignation, to . 1 who 
was, therenpon infeft; he that had the fir 
poſition contending. That the lords of eręcliqh. ſince 
the year 4633, are pp more ſuperiors of church · lands, 
but have only right to the 3 e 
kill they be redeemed. from them esd no ine 
fſeftment to convey them; Jet the. Toda by a.ſmall 
plurality, found, Phat the diſpoſition alone 1355 net 
convey ſufficiently; and tbgrefors. preferred fett. 
ment tho? goſtenier, Fount., g. Feb, — — 
A SUPERIOR kirk- lands, ſuing for feu+egduias, 
| is wasſobjeged, Fhat by the act 9. garl, 
Superieriy ot the 7 — — — — 
Af tirklend; annezed tothe Crown, eſerv + - 
annexed 19 right to a cena — a 
the. Crown. the general ſurrender... Ehe parſpes wes 
| not. fonys abliged-to. inirud,, that bs 
author did ſublcribe the ſutrepdder, hut the 4 825 
preſgsd by bie & bruihing the ſupwgioritr- Stair 
27. June 1662, Wazſan.— Kirk. land being an 
. by a& 4633+ brxing the fehadosies 10 
lords of erection, ay and while bey be radgcwed ; 
for this reaſon proceſs; was not dullgingd at the in, 
of a lord of erection, inſti As [uperior in 8 reduRion 
and improbatian againſt yaila)s gf thick: lands, 4 hi 
Lummons was with gonconrſe of the king's Ave; 
for, in this esſe, the Lords thavaþs the Meg s {pacisl 
order neceſſary} Stair, 24. June 1664. Nreſton. fu, 
Sof. 14. Jan. 4673, Nich ſdale = ait 58. 0 · 
275 ratifying the a&.1 633, Aonexivg aht 1 — 
ol kirk. ands to the Cro vam, it is. provided. Bhat an 
bt who have got or ſhall ger any new ipfeſtment-of ſv- 
1 periority of kirk lands, the ſame ſhall ſtand goed # 
« to dae <a who baye giren their conſent yy” 


A ple, di 


ere 


SD md > SAS AS Com = VMVddddd/ã y T k Eh Le bo Te 


tho".not Zegicinep moat 


| ot's hoſpital. —- 


Kiag's Fight gf redehpug 


1661, annexing the ſuperip * 


e 4 6 6 el in 
11 Haid 1 of kuperiority,” S This clauſe * found to 
extend to rights, oh ſyperiori ow: 


"» ku 


would” hg. bag 


4 i <4 7h 


by ; | I rfl 
*. 0 Con in 97 7 
praba ily 1 y wy: om 5 


Pt a WI TE bag 5 
8 np iy TON 


e like; 3 24. Tag. 5 Dandobald, 
——Tn a ſoit Bo wp ivy of kirk-lands, holding of a 
ſubject ſuperiar, it being objedted by the lord advocate 
for his Ma ajeſty!s 1 int, l. hat by a claufe i in the doſe 
of the a& g 3. rl. $61, all the . 8 caſualties zre 
reſerved; ie Lox ds gn F bit | e reſeryatjon in the 
end of the 42 fd fon ene of the 


years runn nd + 


al aß nin ears ion d bur 12 


themſel yes "during the not. rede 

wes repag van Aa eats, and a denz wh 
the reſt of the c. Fount. 167 
—"Foung: hath LE F n 5 
nor annere b he's 
nexation 1589, Tobe ah Feb,,! 


artedto an 1 hoſpital, 187 7 


ds: for this eraſes they were 828 from the an- 


nexation to the -Crown, 


Aud for 
the ſame reaſon. they. fall * all, 


er, ores take 'a&, 10, 


ba Hare. = whe "oe March 1 7 55 
of the Lak, Va 25 Ji $7707 = a the inſtance 


G. 90s Pop of 
Prior of Pluf earden, eee of the hy 
it was Wedge for. the, de 55 pet 19; par 
1633, That the ſuperiority 715 all Wia as We 
thoſe erected before the Annexation in 1587, as there- 
after, 


ti 4 of cbor bat 157 to > the | 


- — 
— — — — 


48 KIRK PATRIMONY. 
after, are annexed ta the Crown, whereby the be defend: 


ers became truly vaſſals to the e Lords 
of ere jon have only right to, t yp rey bill. re. 
dem ption. and ſo e defe deri n. d'n t prody their 
right o the purſuer. Anſwered lj , pig 
1 5 of Pluſcieden 1s excepred'id t 
1537, any ereched ig favor of i EY DAY ie pr 25 
ſors; and it is not er Fey RO In We 8 
nexation 1643; 2do, 3, | bare 166 
al ſons, Who conſented to * wothe'lo ee d 
oh, to be excluded from the bevefir of holding of 
the and ia oft, the defender's predecefioe be go 
ſuch a ee e Þ * ee 6 Rephied 
for the defender; aqnexes all #ith- 
1 Ss. 22 70 * 185 2 he Pluſcar. 
den; 29s, The- a t eng jane aQ 1661, 
myſt be underſtood a conleiit | ſince in 26g 
the conſent founded on 1 by the e Is 4 | he 1 
When, the ſup 52 0 was ras uh wel ed in 
that die t tioy s bas 15 to 
conſent, The 198 ace ne "Liledgonn | made 1 
for the 1 "Hare. $i 2250 19. Foe 1688, 0 


nner at Lite iS 5 


er 5 
3 kx path Kere kalle bes 
— ae from prior irk-lands, by che; F: 
— ' "#6. pat 1633 tain, 27, ine 1602, ö 
* * mung 1 
e 915 . 6f dnneved e e e 
the N 8 
| | dit 
7 _ Ydbletan,. | 
© exþr ed in 
charters, fur 54 Tel | 
0 the y ea r 


vaſſals, 1e Ki 1 io] 

it relevant $0 Wake the v val 
endo. of 'dis charter he 1255 25 
4 409 and pre reſence at theſe 

of ſurrender it 1643, ſuch sd 

nd 1 7 they are bound . anſwer” 


Further, . 1 n 8 the Tk 1 


133 1. 


| 
| 
e 
a 
, 
b 
d 
, 


by lands for holding of biſbops dest as 
| of the Crow 7. Fas 


WILLD YARD, Se. : 49 


reſtrick, decable it was not in oa of an ordinary 


barony. . Fount. 12 1 Be anmuir. 
THE kirk- land- g fotmerly to | 

the abbacy MY New frog Ages. * 

granted to vir bert Spottiſwoode, 3 Later L. 

ter warde to he Hiller Edinburgh, Ke | 

and laſt & all 1. 10 8570 woode again, 

were found to full under the a& 1690, cep. 2 | her 

to. bo 


Col vol, 1. P: 165. rege 
Feb. 4 i 0 
Ecler SLASFICAL aua, . Tos 5 


kIRE AR b. 


Ta Lords found, That the. graſs of a 1 2 
cannot de aſſigned by the plat, but that it per- 


tains to Ge ent © and may be ſet by them, and the 


tack · duty eee N vida, > Hagd: #5-July 
1609, Baſs.” þ 


'LESIO ULTRA. DUPLUM. 


Ti Lords refuſbd to redoce' a nineteen yours ws 
1 of kirkcands; upon. 2. C. de ref. o And 
the tack-duty was within the half of what-it might or 
oopht 10 give „provided only the foriner rent al was Hot 
diminiſhe 4 and found, Fhat the laid 2 mow ad en 
take place | in Scotland, ac was found i 3 
caſes., Sine. 25. May 1342, Provslt of — | 
in Edinburgh, 

LAS! 0 ultra deplun in aur, of ſole. Ste Stole, 


| A . v R ROW 3 


45 RAISER-of h burrows,-not hav-- "Ralſer Ong 
made faith at firſt, it was burrows; 
found, That he might ſopply_it when mate furl 
the contravention cargy to be diſputed. hr be en 
Hadd. 14: June 16iz Thirleftane.—— bodily burnt. 
The contrary ; add. 24. July 1607, 
Caſſils. 


| { 


x 


i 
# 
F 
4 
! 
1 
1 


. which. » was 1660. ne, to pow mi 


feft, be w rent ch 
2 54 40 , 25 nat 


* Þ* 5 * 22 7 EF 3 
, eee 
1 . c 
: 7 , 8 1 * a 
e itles by 2.4 5 K * 4% 
| lawburrows:to 5 vate per foi di 
; 2% 7m - FY * N 5 
chem bodily harm. Hadg. | June. 
"4 g , * a 1 ya 
, Oi ont tne... 
[4 ws 4 » ts. þ 5 * | 


1 
— 


em 


6 = 79 


\ 
* 
* 


— 


| the others hat, and thrown it under his feet, and with 


» ' 'S WI fon 3» bo » © BY Ss W235 Tv» 


LAWBURROMWS. 421 
 CONTRAVENTION.: of. lawburrows. was ſuſtained; 
althoꝰ there wis no damage done; bur 
only the party had ſtopped a highway, Ads, of con- 
where carts with corn uſed to paſs.; Coly. 1ravention. 

Dec. 159 r, Strangs. —=Threatning;. ©, 1 
and chacing was not found to be - a: ſufficient qualiſica- 
tion of contravention, without actual ſtriking. Hadd- 

Feb. 1604. Wallace. Paſturing of goods was 
found not to infer contravention, unleſs. berding were 
alſo libelled- Hadd. Feb. £604; Schaw.—Hetd- 
ing not ſuſtained; unleſs it was alledged, That the 
goods were violently held on the ground. Hope, (Con - 
trevention) 5. Dec. 4616, Anderſon.——Lawburrows 
being found, and the party thereafter having pull'd off 


a threatening to nail it to his head with 2 whinger; 


this was found'to: be no contravention, becauſe he nei- 
ther harm'd him in his perſon nor goods. Hadd. 2, ; 
June 1605. Young,—— Drawing a ſword to. invade a | 

man, tho' no harm followed, was found ſufficient: to F 


infer contravention.” Hadd. 29. Feb. 1607, M*Kie.—— 

In a contravention ſued by Bruce of Greenyards againſt 

Clackmannan; the libel: was found relevant, becauſe 

Clackmannan truck the purſuer with his fit, and drew 

bis whinger, and: truck at him therewith, albeit, there 

vas no harm done. Hadd: 21. Dee. 1609.—The — 

found deeds of. contravention relevant, which · libe 

upon the defender's violent entering to the poſſeſſion pf 

the lands, after tie pur ſuer was put in, altho' it ſhould 

fall out that the defenders ſhould reduce the decree of 

removing. Hope, (Contravention) 6. July 1616, Muir- 

bead. Injurious words, and ſpitting in the face, was 

found contravention, ' Auch. (Contravention) 23. Ian. 

1629. — Found, Thar the letting in water to the pur- 

ſuer's going coal, thro” the defender's that was walted, 

was no act of ebntraventioh, but the putſuer was allo - 

ed to inſiſt for damage and intereſt, if he had aftaiged | 

any. Spot. (Contravention) 3. Feb, 1629, Anderſon, - \ 

——A deed of contravention'was ſuſtained, altho' there 

was no violence libelled, the deed being the liferentris 

ber tilting up land that was. found to be no part of her 

lanture, and, after the; pusſuer had ſown it, her buying 

cauled ſow it over again. * Dec. 163 l, Whi 
n : 


Vor. II. 


ham. 


422 LAW bf a PLACE. 


ham. The Lords refuſed to 'ſuſtain'' contravention ir 
upon this, That the defender had taken two horſes 
from the pur ſuer s tenant, ſince caution was not found th 
to. the tenant, nor was he inſiſting here, but might by WI ce 
bimſelf ſue a ſpulzie, Oo. nor was the tenor of the ad fo 
here regarded, viz: That the purſuer, his men; te- Ju 
nants, Oc. ſhould be harmleſs, &c. ſecing that was only | 
the ſtile of court. Dur. Auch. (Cantravention) 28. Jan, 
1632, Grant.— The like; Dur. 9. Feb. 1033, Lindſay, 
RECONCILIATION of parties was fohnd not to 
 ," take away action of contraverition; but / 
Action ef con- that the party may ſue for an injury done Wl de 
traventlon, even before the reconciliation.:' Hadd. BW fou 
how under» 6. Feb. 1607, Torbreks : A party be WW not 
food paſt ing charged to find caution: in a law. 16 
©? barrows, the Lords found; That tho 1 
1 +. he contra@friendflip and familiaritywith WI the 
the charger, yet thereby the lawburrows'is'not pre- 167 
famed: diſcharged, unleſt it be expreſſed in; writing; BW gra 
and in caſe the party had found cantion and comra- Wl dec. 
vened, the familiarity ſince the finding caution vn the 


found no relevant exception. Auch. (Contravention) Wl tho' 
9. July i628.——A deed of contravention, being the Wl exec 

- "*qutting of ſome horfe-loads of "wood: in :the'poriver Wl vel 
property, this exception/ was ſuſtained,/'viz. That 6. Stai 
1 the time of the ſaid cutting: had granted [ 
liberty to the defender to cut foine'wond+ there; whicl / 
the Lords found a preſumprioe reniſſion; th ation Wl un 
being like the Roman adis injuriarum, 3a di h⁰j,)§ ¶ tic 
tollitur : but they reſerved to the pur ſuer aon ſot 8 
ur, 


ſimple damage and intereſt, Dur. i 1. Jan. 1633, King? 
Advocete, . ̃ 1TH INE ANY {RI FEY 
FT HE law of the ptace, where a man havhbisdomicik 
I à bis death, was found to regulare'his'troveabl 
ſueceſſion. Fale. v. I. p. 11, Brown, Nov: #8; 1944" 
AcoMMIsSION of bankruptey, esecuted in Baß 
land, exeludes private creditors from ſuing in this coul 
try. Fale, vol. I. p. 747, Marſhall. june 28, 1946 
THE like; when the ground of debt was, bills dran 
upon merchants in Scotland, and goods commiſione 
li | ; he hs 


PM + a . n 
1 ieee , 


« 


EE GAC x. 5 46 
from thence. Falc. vol. I. p. 277, Chriſtie, Nov. 4. 1746. 


the management of his effects committed by the chan- 
cellor, it was :fougd the committee had no title to ſue 
for recovery in Bootland, : _ _ _ wh 76 Motifon. 


erte re. 1749. Hu 


ii 1% $4 12 We re 


—— TILA 


A BOND, 3 was obliged What 8 
to leave to another 500 merks, to even 7 «d 
be paid by his executor after his deceaſe, 13 
. WH found to be a legacy affeMfing only the dead's part, and 
Gs not a deht affecting the whole 1 Dur. 13. 29 
w. 1631, Houſ ten. 
ho! A LEGACY: wn; Wande out of Legacy dare 
a Wl the deceuſed's free goods. Stair, 12. July be out of the 
te · 1671, Murray. A bond of proviſion free gear only. 
g; WH granted upon death-bed, obliging the 
ra- Wl deceaſed, his heirs, Gr. cho“ it could: only taks-place i in 
was WY he dead's. part, was yet found preferable to A legacy, 
vw) WH tbo! the legacy bore an o —— upon the heirs and 
che {il executors to pny che ſame : for a legacy is only a ſuc- 
er ceſſion, and cannot therefore compete with a jus credit), 
the WY Stair, 14. Dec, 1696, Mitchel, 
ted IT was found, That a legacy ad ples p Competition 
iich 2/7, being paid by the teſtator in his among lepa- 
M own — tht it oughi not to ſuifer deſal · cies. . 
n tion with the other Jegacies,'altho' the mo, A ls 
for i kee gear be not ſuſſteiend to pay them all. e adp J 
Dor. C. July 260, Mepro.— The dead's Canas. 
| part being erhauſted by legacies, the + + 
Lords found, That a lg, ad plas ee muſt Golfer 
proportional defalcation with the reſt. ' (Legag) 
Dor. Hope, (Legacy) 6. July 1630, Monro. 
SPECIAL legacies arepreferable, and 4s; F 
ſuifer not a. proportional abatement with . g 
the general logavies, Stalr, #3. July 16655 lte. 
Spruel.—Spoeial legacies ſuſler not an abatement with 
—_— legacies, when left in the ſame writz bur; becauſe 
legacies are ambulatory, a legacy was found to derogate 
frem a former — _ 21% Joly «67001 Trails. * 
n'2 40 X 


A PERSON being found lunatic in England, and 


TY 


—— 5 . 
r 


* — 
r 


——— 


424 IL BGA ; 


3tio, Additt- _ _ beidg provided, in him 
, tr marriage; to a join * * | 
i ak. power te the huſband 10 add therm, | 
1 ctiam in articulo: moitis; and h, in te- 
849+ a wanna Jeaving- his: ary: ſon+executor, 
and giving an additional jointure in legacy; and alſo f 
leaving other legacies, which che executor alledged } 
would exhauſt the ſabjeft veny much; and the wiſe } 
alledging, That ſh 6 was not an ordinary legatory, but 
a creditor, in reſpect of the power which the deceaſed 
had de facto uſed ;, the Lords found; nevertheleſs; That 
the ſaid addition being left. to her in legacy, ſhe was in 
no better caſe than the other legatories, and had no 
preference in the executry.: Dirl. . June 46761 Ramſay. 
Legacy tranſ. THE Lords found, that an ezecutor, 
7 15 J — ithouz being alſo univerſal legatory, che Jegacy 
confomation didtranſmit to his neareſt of kin, altho'the 
8dteſtament was not executed, and ſo there 
was no occaſion for à dative, ad han execute. Newb 21. 
July 1665. Sptuel. The like; Dur. 2. Mar. 166 Melvil. 
Later ae: IT was found, chat a-teſtator, receiving 
27 | payment of a billwhich-he had bequeathed 
f n. to certain perſons, was u revoeation of the 
a ies. Home, p. Jack, July 27. 164. 
TECA CIES, 1% laid 1 724 teſtator on "his. heritage, 
are to be paid out of 8 rech. Fale. v. I. P. 355 
Cattos. Jun AA $$, N NW. „ 
A LEGACY left” i — monk others, in theſe ord 
And the remaining L. 6co, reſidue of bo ſaid I. 1600 


„ I bequeath to A. B.“ A deficiency: . happened 1 
of the total fund, this was found not-a;reliduary lega· 1 
cy, but a ſpecial legacy, and the legatee intitled 10 7 
draw proportionally with the other legatees,. Tae. Cl * 


V. 1. p. 277, Arbuthnor, Feb. 13. 1756. 

TIHO' a legacy falls by the predeceaſe of be legater; 
pet, if heirs are named, the. heir takes it dpon his fur 
vivance, and though be dies afterwards: without neff 
vp titles, the legacy will fall to his neaneſt of; kin, jane 


not to thoſe of the firſt legatee. Fac. 201. E. p40% 


Inglis, July 16. 17606. nn 
l 8 TA TO, Berieg ordered tha furplos af h 
effecta, after payment of debts and legacies to be d. 

vided _— among his relations, not named SO 


_ demiiify the #xecutor at 


LEGAL DILIGENCE. at 
teſtament; the Lords found, That his neareſt in Lin, 
to whoſe” 
claim A — ; to the Wit. pre) —_— —_— 
Fac. II "i 1760. 

[7 eee med, receive ſafficiency of funds 
for payment of debrs-and legacies, the legatees are not 
liable in tition fo the creditors upon his infolvency, 
Fac. Cof# „. p. 383, Robertſon, Ce. Jaly 29. 2760. 

A LEOACY-cannot be conſtituted in che form ot 4 
bill, Fac. Cof. v. HI. 9-7 76. Wright. Feb. 11. 1467: 
THE heir may challenge a legacy by a minor, if 
there are n free ee, abr payment of the 


moveable debts. Fac. Col. vol. III. p. 198, Craig. | 


March 55 1782. $ 25 34s 

TRUSTEES named by a more for managing his 
affairs, and paying off all 48 acies, c. were found 
to have a'd 22 diſtributing a le gacy 
left among the Te dre friends an ralations, 


Fac. Col. v. IT. p. 213, Brown, Aug. 3. 1762: 


LEGATUM liberationls' aftalned;. in reſpect of cer- 
tain-circumftances proved by parole evidenc?, although 
not E by "orhing; Fac, Col. v. 1 1. 

1764. 

U TERRA. lepa: ee, nat "from prior Neclat 
d:Ninat ions.” Ses Fur 71 

Leden if prifunt'd ih Jatisfattion ,. former bhliga- 
tioms, See Preſuteption. 

* EGACT of aw berttable bond. "Fee 'Quod' potalt non 


LEGATUM vet aten. Ibid. ee eee 

HOW ligacies tnuff be paid. See Keicuter: E 

IF the lepator, upon 2 muff fnd caution to in. 
be creditor” 7 hands. Sor Executars 


LEGAL DILIGENTE, 
T's Lords refuſed to fultain arreſt- An biritable 


ment or compriſing upon à bond, bond, when it 
becauſe, at the timè of leadin ng'theſe GM. bedombet por 


ligences, the bond was heritable: and /onal;/oar to 


altho' there was's proviſion” therein, That be the fun- 
t ſhould be lawful te ebarge for the prin- dation of di- 
eipal without requiſition; yet before. that ligence. © 


Na 3 "I 


4 legacy: had been Teft, cond not 


* —— 


426 LEGAL DILIGENCE; ' 


' there eee ö n 
| Dur. penult. Feb.162 3» Ha DUFLOD.: Du 6. ? 


4. July 1627. Ed ar. Dun. 28. Jan. 1 35. ton. 


Stair, 14. Jan. 1679, Farquharſan.—.— The Lie, tho' 
infeftment had followed; Dirl. 19. Stair, -23+-July 


1666, Thomſon.  Dirl, 24. Jan. 16773, Sinclair. 
And where the heritable. bond bore a preciſe term. for 
payment of the ſom, this making. a. liquid;debt, and 

1 abligation to pay. diligence, by:compriling, was 
| ſuſtained thereupon, after elapſing the term, without 
ne ceſſity. of any. previous requiſition or charge, hich is 
only neceſſary where the perſonal pbligation,, being once 
done away, needs to be reviyed... Dur. Spotz+(Odigeti- 
en) 10. July. 1629, Clackmannan. Fonnt..25-- 


* * 


quifition of 40 days, adjudication found. ineffectual 
thereupon, unleſs requiſition was uſed, tho it was 
pled, Thar a ſummons of adiudication was equiyalent 
to a: requiſition. Stair, 11. Feb. 1680, Gordon 
But an adjudication having proceeded upon decrees of 
conſtitution againſt. an apparent heir, as-lawfullycbary- 
ed to enter heir to his predeceſſor for payment of prin- 
cipal ſums, anuualrents, and penalties contained in bis 
predeceſlor!s. heritable, bonds, without uſiag previous 

| requgoen in the terms of the ſaid bonds; the Lords 
reſtricted the adjudication to a ſecurity ſor principal and 
anuualrents, and refuſed to ſuſtain it as a ſecurity for 
a fifth. pact.more,, or for the termly failzies,..altho' e. 
quiſition was made after the:decree of conſtitution, and 
the days thereof expired; before-executivg; the ſummons 
of adjudication, which narrated. the. requiſition. Ford. 
3:.July 130, Duncan,——lt was objeded; againſt a 
appriſing led in 1655, That the requiſition, of the fun 
wag made at Whitſunday, contrary. to a ſtanding l 
| at the time, viz, act 17, parl. 1641, ordaining all 1e. 
qpikitions of ſums to be made at Candlemas and Lan: 


mas: 


| the legal, and 


| 

ö 

ö 

| 
1 
þ 
N 
, 
4 
c 
d 
5 
t 
is 
4 
jo 
* 
- 
al 
48 
at 
of 
* 
a3 


Lk SjAiL D'I-LIGENCE 4s 


— and- nod more. at Whitſunday. and Martinmas ; 


which aQz;tho'.it was reſcinded by the general a& re- 
ſeiſſory in 3H61, yet it was alledged, that there is an ex- 
preſs de ſervation and. enception of deeds already done 
by virtue of thoſe reſeinded acts. The Lords conſi · 
dering, That. ibis nullity was not here pleaded to an- 
nul the appriũmg in totum, but anly to aut off its legal, 
and that ĩt was allowed to ſubſiſt as a ſecurity for prin: 
cipal, -annualrents; and e z tharefore the 
found this — * in the requiſition, ſufſicient. to take off 
to :keep it open. and redeemable, on 
payment of the ſums, eee Kouph.o3e, 


Nov. 1708. 
vas ſuſtained a upon i a RN 


 AN--a 
bond, beating. this clauſe, Tr if two © Fe Born 
terms, annaalrent run together unpaid, the +,of a conditia- 
principal ſum ſhould. then be payable, tho u debt; ſo as 
there was :p9.,declarator of the failure, to be tbeſoun- 
ſeeing the not payment; of the annual - dejien _ 
regs being a negative, did prove (itſelf; : s +] 

and the pconifion, was not of the nature 5 

of a penal irgitancy, 49-FaJpirs: declarator. , gui, 20. 
June 1678, Scott. 

 ARRESTMENT. Erg, raiſed upon a bond without 
decree, os, dependence... Dur, 5. March 
1628, Binnie Stair, 5. F eb. 1665, Gra» Diligence, in 
ham. Vet thereafter, upon ſerious de · what; caſas ii 
liberation, as in a eaſe daily. occurring, can be raiſed, 
and wherein the deciſion would be a pre- without i- 
cedent, it was found, Pha a ſuit to teruentios of 
make forthcoming,. is, in effet, execu- - a ;decree of 
tion, and equivalent to poinding, ſeeing ee 
money being in nominibus, and not in 
Hecie, cannot other wiſe * * and nen "ond 
therefore, that it cannot follow upon a decree, and 
not upon an unregiſtred bond. Dirl. 6. Dec. 1666, 
Leſlie, lt being objected —＋ 2 hond. whereup- 
da an appriſing was founded, That it was only regiſter- 
ed in that juriſdiction where the creditor lived, and not 


where the debtor lived; the Lords. conſidering, that, 


ex officio,, they, might ſupply. defects in apprifings, to 
make them ſubſilt as ſecurities for the juſt intereſt, with · 


aut che extraordinary wn of an expired, den 


r —_ _ l 


—— 1 


«c ——P: : „ Pea —— - 


— 


428 - LEGAL DILIGENCE. 
and exorbitant penalties, did declare, That if che de 
fender would reſtrict his whole appriſing w' the juſt in · 
tereſt, they would then ſuſtain this -apprifing for the 
whole ſums; otherwiſe, that they wound vedues it In 
totum. Fount. 19. Stair, July 1678, Morrice. 
DECREE was given 'againR'the executors-of can - 
11 tioner for & curator, Rhe the eurater 
Prociſe 4. was not fully difcuſſed by execution 
galnſt a - agtinſt his” p — lande and gesch; 
tioner before but execntion agafuſt che 
the principal -exechtors until ths curator Mould be fol 
be difeufſed. ly diſeuſſed. Dur. 2617 Ney. c, "Pim 
lay's reli. An executor and His exn- 


tioner being ſued together by the children of the de 


ceaſed, for compt and payment of their ſave of the 
execntry, that branch of the Jibet, 7 Betromwpr,; wu 
ſuſtained directly againſt both, alf exeon- 
tion aguinſt the til che ererster fou 
be diſcuſſed, Stair, 2. Dec. 1664, Donghilles,. 
The like was found ig the caſe ef — kin, 
who were allowed to infiſt a againſt the — 
ed, and his eautioner, to account for the moveubles, 
and againſt the clerk of the commiſſary ecurt, for ad> 
mitting inſuffieient caution; 411: in one pœ]Lie fe; "fuſpen- 
ding always execution until Alen on Sf ole mari 
ly liable, 1. Jofy' 1929; Primroſes Te“ che heir 
of line muſ be diſ beds before the heis of taflyie, yet 
they may beth be convened; to heat and fee 280d fe- 
red againſt them, as heirs; the execution cannot 
paſs _— the heir of tiflaie, tin the other-be difeuf- 


ſed. Spot. ( Heir ly' 1626, Edgar. Aue. 
Ai, 305 12. mp Re A * oh of Patty ene 
SUMMONS cally: before the term of payment, 


tho“ the term be paſt before ſentence, 
Proceſs be- 2 = of mails and Auties 
fore the term bein din December, the Lords ſu- 
of payment. "Rain 4 the fame for that eurrent yer, 
altho' it was before Candlemas, which 
is the term of payment, becauſe the faine might be 
warrantably inſiſted for, at any time after the” ou 
terms of Whitſunday and Martinmas were 


decree expreſsly containing; that the defend rs ſhould 


only. be decerned to pay after Candlemas was — 


r 


N fr GT PITT ere 


ga 


BBGAL:DILIGENCE. 425 
Dur-. 5. Feb.+162441 Wood No action to poind the 


ground till a term's duty be owing, and the term by- 
paſt. Dur-. a. July 162g, Raploch.Summons of . 


poinding the ground was. ſuſtained, tho' executed be- 
fore the firſt: term of the annuity was dne, it 'conclud- 


ing for payment only to be made aſter the term. Dur. 


36, June 1628, Ednem . Found, That a decree for 
poinding the: — obtained before the term 
of pa ſuperſeding execution till after the term. 
Gilm. Feb. 1662, Douglas —— Proceſs . of remo- 
ving may be ſued before the term... Stair, 16. June 


1681, C hatta When a debt is arreſted before the 


term of payment, fortheoming is alſo allowed, ſuſpen- 
ding always execution till the term is elapſed. Hope, 
(Arrefimeatt Jus +: Melroſs.——P roceſs of forthcoming 
was not ſuſtained, being before the term of payment of 
the debt owing by the arreſtee to the common debtor, 
tho' che purſuer offered to delay execution, till the day 
of payment ſhould come. Hadd. 16. June 1610, Da- 


vidſonAZhͤhe like; Hadd. 6. March 1612. —4A de- 


cree of fartheoming. at the inſtance of an arreſter,: was 


ſultained; thoꝭ given before the term of payment of the 
ſum arreſted; tba etecution being ſuperſeded till after the 


term. Dur. a a. Feb. u 624. Broun. Dur. g. July i628, Scot. 
HORNING:was ſuſlained, whereof the letters were 
raiſed before the term of payment, ſeeing 
they bore to charge the obligant to pay + Horning: be- 
when the term ſhould be paſt. Dur. 19. ſars incur- 
Dec. 1623, Galloway Fonnd. That ring the fai- 
tho' a decree: of thirlage was only Jec/a- ure. ban 
raloria juriu yet that the purſuer might 
charge the party with harning, to grind his corns, pay 
the multures at cn&enient times, ©c and if the gur- 
ſuer ſhould eteaute theſe charges maliciouſly, the Lords 
declared. That, in a ſuſpenſion, they would have re- 
gard to expences: tho! it was argued for the ſuſpender, 
That, in caſe the deeree ſhould be contravened, the 


Proper remedy was an action for abſiracted multures. 


Dur, 29. July 4634. | Innerwick. ic teens, 
ed, laid on before the term of payment don « debt 


of the debt, which is the foundation in diem. 


of the arreſtment, unleſs in ſecurity, TREE 
$ | where 


| 
| 
E: 
| 
| 
q 
U 


450 LEGAL DILIGENCE. 


where the debtor is verge, ad inopiams' Stair; 29, 
July 1678, Pitmedden. Home, 27. Feb. 1928, : Mere. 
Ann a competition amongſt arrefiers, an arreſtment 


founded upon an annuity, and bearing to be for pay- 


ment of bygones, and ſeeurity in time coming; was found 


Preferable according to its date, not only for all the 
terms that aliments were due when the. arreſtment was 


laid on, but alſo for thoſe that were due at the tim of 
the competition. It was argued again this, That an 
arrreſtment upon an obligation, having tradtum futuri 
temporis, can have no further effect, than ſor what was 


actually due when it was laid on. It was; on the other 


hand pled, That this rule ſuffers an e ion, in caſe 
of the debtor's inſolvency, which was the ' caſe here; 
and there arreſtments in ſecurity are as allowable as 
adjudications in ſecurĩity. M. fl. The annuity here was 
run out before the competition, ſo that, in/ effect, there 
is nothing in this decifien but what is compreheaded in 
the general rule about the preference of arveſtments, 


laid down in Home's deciſions, No. 100. unleſs. it be, 
that where the debter is ve-gens ad inaniam, arreitment 


may be not only founded on a debt before thb term of 


payment, ubi die ceſit, but alſo for ſecurity of ſurure 
_-annuities bi diet net ces, nos venit. Dutt came not 


to be determined, whether the arreſtment ia ſseurity 
could ſcreen the ſubject from poſterior arreſters, not 
only for payment of bygenes, for which there was pw- 
rata executie at the time of the competition, but alſo for 
ſeeurity, in time comiag, of the annuities as they ſhould 


fall due? which indeed is the irgportant\queſtien- 30. 


Jan. 1731, Creditors of Patriek Bar. Ins compet- 
tion between two arreſters of a ſum -liferented; to which 
there was no acoeſſ till after the liferenter's death; the 
firſt arreſtment, being founded upon a bond — 
annualrent,” was found to be a ſecurity: for the 

quent annualrents, as well as thoſe due before the ar- 
reltment. - Fount. 9. Feb. 49705; Coning.—— The like; 
Dur. 28. March 163 3, Simſon, A ereditor having 
obtained a decree of cvnfiirution, avich an additions! 
ſum in name of expences, an arreſtment, laid on by him 
during the dependenee, was not found entitled to draw 
in the forthcomings, any part of the expenee laid out 
after the date of the arreſtment: ſor an — 


J. 
1 
it 
2 
d 
3e 
as 
of 
ql 
ri 
as 
er 
ſe 
223 
25 
as 
re 
in 
ts, 
e, 
m 
of 
re 4 
ot 
ty 
ot 
g. 
or 
Id 
4. 
the 
ch 
he 
be 
* 
; 
1 
io 
7 * 
ot 
in; 
not 


LEGAL: DILIGENCE 431 


not be eſfectual to ſecure a debt that is not exiſting. at 
the date thereof ; and the expence of proceſs, laid out 
after the date of the arreſtment, could aot be a debt at 
the time of the arreſtment; and even then, as they were 
only due, officio judicis, they became only a debt from 
the date of the modification. july 1733. Wallace. 

ACoOMPRISINOG vas reduced, becauſe the lands 
vere denounced before the term of pax: 
ment, tho the eompriſing was not led Adjudication 
till it was paſt. Dur. penult. July 1623, wpon @ debt 

Nicolſon. It being objected, againſt in diem. 

2 party ſeeking to adjudge, by others e 
who had already adjudged the ſubject, That, as to a 
moiety of his ſum, his adjudication could not paſs, be- 
cauſe the term of payment was not yet come, an adju- 
dication being praceſus arscutarius; the Lords found 
they could not, even periculo petentis, allow the adju- 
dication to go for that part of the debt whereof the 
term of payment was not yet come. . Fount, 18. July 
1699, Chalmers, G. In a queſtion, Whether a 
creditor in a: bond, whereof the term of payment was 
ſuſpended till after the debtor's: death, might, in the 
interim, raiſe adjudication of the debtor's lands, for 
kcurity of his money; the Lords thought, That there 
could be no general rule for this caſe, for, if there was 
no hazard of dilapidation, it was not to be allowed; 
but, in the preſent -caſe, it being expreſs)y informed, 
that the debtor wat pergens'ad inopiam, and his circum» 
ſtances mubh worſe than when he granted the bond; 
therefore they remitted to the Ordinary to take what 
evidence he could. get of his condition; and, if he 
found it dubious, then to adjudge, unleſs the debtor. 
offered ſufſieĩeni oaution to pay the debt when the term 
of payment ſhould come; an which offer the adjudica» 
tion was to ſtop, juſt as arreſtments attaching bonds, 
the term whereof is not come, or founded upon ſuch 
bonds, may be looſtd upon caution. Forb. 12. Fouut. 
14. July 17 t, Blaw.— The Ld. of Eaſter- Ogle be- 
ng bankrupt, it was found, That adjudication in ſe, 
curity might proceed upon the daughter's bond of pro- 
viſion, tho' the term of payment was not till her age 
of eighteen, ten years after the competition, Home, 
24. Jan. 1724, Lou... 3 


„„ EEGAT) DILi ounce 


AR inhibition ſerved againſt the” tefeut üpeh his 
nua, il. de a fufßeient 'grdund "to" fe. 


Inbibilion * duce a wadſet given by tle tenant of 2 
upon a debt tenement belonging in property to him- 
in diem. ſelf, albeir there 1 "reſting of 
the tack- duty at the time of the nlienati- 
on. Hadd: Hope, ( bivition) 19. Mirch' 161 Napier. 
' AN arreſtment laid on before the fümmons wat exe- 
ceuted, was found null" and unwarrunt- 
Arrenent able; becauſe there 8 fo proper depet- 
en a depend. dence until the ſummns be etecuted; 
ence, Fount: 4. Dec. 7711, Baagour, G 
T The like; Forb. 19. Fount,” 30. Joly 
1706, Elphinſton.— A party having proteſted for re · 
medy of law, againſt à ſentence” of the Hords, and 
thereupon raiſed a ſummons of reduction ef their de- 
Eree before the parkiament, conform to the act, 2. parl, 
1695, and, upon that, raking cut letters of arreſtment, 
and arreſting the other party's money on the Yepen- 
dence, upon pretence, That arreſtment on A 
roceſs, is a diligence allowed to all the ſubſects, and 
f tire) Wai" a en of this decree of the Lords, 
- raiſed before their Lordſhips themſeſves, partics'might 
both inhibit and arreſt, and therefore alſo here; the 
Lords thought that there was à difparity,/becauſe they 
could looſe arreſtments laid on upon ſummòns before 
themſelves, but not where the aQion'is'commenced be- 20! 
fore the. parliament; and ſo # partys debt migbi pe- ſun 
riſh'during the long receſſes of that high court; and if n 
this practice were aſlowed, it might render ĩnſignificadt 


moſt of the Seffion's decrees, ſinee every one would en- day 
ter his proteſt, and raiſe ſummons, and thereon arreſt . 0 
and inhibit, which might continue many years before . b 

it were got diſcofſed: therefore they declared the ar- I "tl 
reſtment null, and ordained the writer of it to be cited fed 
before them, in order to a' reprimand for introducing 9 N 
ſuch a ſtile never before attempted. Fount:22;fuly 1699, Ml 
Tempe. XN. B. The Lords ever refuſed an atreit- ent 
ment on a dependence before themſelves, the dependence 0 
being a reduction of a decree in foro. Dirl. 4. Feb. 075. F 1 
IN a competition, it was objected 2 mes 
Intibition on gainſt an inhibition, That the fimmonſs BY 0"! 


a dependence. were not executed, when the, inhibition 
FA was 


3 


* 


— 


N TSS Fo. I ERR GH T0 HOO 


= 


& A 7 4 * 2 


LEGAL DILIGENCE. 433 


was raiſed, and, therefore, that the inhibisier: was null, 
not having been taken ou upon a dependence, ſeeing to 
make a depending ꝓroceſa, ĩt is neceſſary that the ſum 
mons be executed. Anſwered, The inhibition was not 
executed. till after the ſummonſes were executed. Re- 

plied, The very letters of inhibition preſuppoſe an exe 
cuted ſummons and dependence, without which they 
cannot be warrantabhly taken out, which is clear from 
theſe words of the letters, at th ſummonr, daly executed; 
brars,. and from the deliverance:on the bill of inhibiti- 
on, ſigned: by che Lord Ordinary on the bills, iz. 
Becauſe. the Loxgdr have ſeen the dependence. The Lords 
ſuſtained the objection. Dec. 1926, Competiti- 

on, Ferguſſon, — —The like; Bruce, 22. Dal. 26. 

Nov. 1714, Creditors. of Roſehill, See Stair, 12. 


Jan. 1665, Neilſon, It being inſtructed, That a ſum- 


mons was blank many years after raiſing inhibition on 
the dependence; and that the ſummons had only been 
filled up of late, the Lords reduced the inhibition as 
wanting a ſufſicient warrant ;z but to advertiſe the heges - 
of their hazard, they reſolved to make an act of ſederunt, 
That inhibitions, ſerved upon dependencies, ſhall ingroſs 
the tenor of the ſummons, otherwiſe they ſhall not be 
ſuſtained. Fount. 2. Dec. 1698, Miln, &c. 

IN a reduction, ex capite. inbibilionis, . 
che bond, which was the — thereof, e 
not being a liquid obligation for a preciſe 8 Pt oy ff 
ſam, but = to pay ſuch a ſum after 4 m_ 
compt and reckaning, as ſhould be found gg 
truly reſting of the ſame, and the compting to be by a 
day now elapſed; the Lords found, That this could not 
ſtop the taking a term in the reduction, but that it could 
have no effect ull the compt and reckoning were finiſhed, 
if the defender offered to prove, that the ſum was ſatis · 
hed in whole ar in part, and grayed to compt and reckon 
thereupon, and that the inhibition would ſubſiſt, as good 
{or all that ſhould. be found due on the balance and e · 
vent of the accompt. Fount. 4. Dec. 1695, Martin. 

AN inhibition. being ſerved upon an Tnbibition 

obligation to warrant, the Lords ſuſtain. % 1. 
ed a reduction thereupon, tho there was # fats "ot 
neither decree of eviction, nor liquidation ry, GT. 

Vor. II, Oo | of 


* 
* 


, 


* 
5 
1 
k 


> SE . — — 
* = > — — 
o - "1 
_- n 
" * - _ w— 4 =] 8 _ 
* et QI OR ——— —— : g — : a * 
= - ds - — £ 


44 LEGAL' DILIGENCE. 


_ of diſtreſs, the ſuit:being only-declaratocy,.and the de- 


oree to be only effectual after eviction and liquidation. 
Dirl. 11. Dec. 166), Hog Inhibition being ſerved on 
a bond conditional, not to be paid but · upon a araditor 
doing a deed, whereupon deeree was given for aw abate- 
ment — the ſum in the bond as damage and intexeſt, the 
fat being found impreſtable: the Lords found, That 
the. ſaid decree: purified the condition,. and / therefore, 
that the inhibition ſhould: Rand; good? for the reſt that 
was decerned; and thisagainfb a creditor of the common 
debtor's, tho' his: debt was prior tothe decree; only 
he had done no diligenee before. the: inhibition, 'Gosf, 
8. July 1670, Hamilton. An inhibition upon a con- 
ditional debt was diſcharged by the Lords) in reiſpeR 
there was no preſent juſt reaſon for inhibiting. Forb. 
17. July 1713, Weir. As the -brewers 3 the 
liberties of Edinburgh are, by the' ſtatute; ſubject to 
the impoſt of two pennies on they int, only with . 
to ale imported into the town,” this occaſioned a: great 
expence to the tackſmen of the town's im ft, being ob- 
liged to have waiter's at all the — to the 
— for collecting this duty; to ſave this expence, 
the tackſmen were in uſe to. bargain with 1 theſe brew- 
ers, to ſubject themſelves to an impoſt for the whole 
ale Fate A them, as it ſhould be made out by the 
exciſe · books; and to move them to this 3 
nerally the, one half of the impoſt was given down, due | 
upon imported ale. Upon one of sheſe vontra ct, The 

mas Anderſon brewer: was: charged, with þoroings to 4 
make payment oſ ſeven pence for every barrel of ale be thi 
ſhould brew, during..the;currency;;of the, obligation, WI pa: 
and, upon the ſame contract. was:thereaſex inhibited. 
Thomas Anderſon- becoming at laſt inſulyent, in her 


. competition, the Lords foumd the horningꝭ and inhib BY ee 


tion null. quad the impoſtarifiog due — their date, WH par 
and that they could be the foundation: of no preference par 
againſt the other creditors. It was allowed. that dil. and 
gence may be done upon an tion in diem, or ere lon 
upon a conditional obligation, i the debtor is vongen. Hoy 
In conditional. obligations. the debtor is bound: upon il of 
exiſtence of the condition, and he has no power, inthe Bi hay 
Whe 


mean time, ta n nne a debtor, indiems 


#4 


SAS ESD . Hen 


bound in the: moſt 


proof was; off fered t 
was 18 50 
16. 1759 


ſenſe, tho' inſtant demand 
cannot be made. But the preſent. is 28 one _— 
other. Ap ain 7, in 
one chooſes e to bow, depen Sata 5 85 the _ | 
the debtor T Git obligation x. e 
t, 1 n At "A t 'aight 
* 24275 — Thar the Th hes 5 Naas = 
n might We aged) wit ornin and in 
bition —_— ſtatute, for pa bid rem of the duty a- 
riing upon whatever they” Soul brew e 28. 


Nov. . 1 FRE 
7: 1296 ks i ſon in lande, N 

yet 7 4 8 . to, ſuffer debe f 
him to, po DADIUON, . "neg 
1 Fw way yoo 2 ct 15 

ainſt a phre * 1s trom tn 
fladd. 1 11, ee. Sh 
ADJUDICATION, --in ſecurity of. A Later deck 


debt in 2 WAS refuſed, in Ge), 2 9 85 


vergens. 4 ineß 


Tac. 819514 327 * 8; 


* Py 


2 4 


Pn, Lon Lords found, 1 INY, F * 4. 
n al- father's | 

tho' ſhe have 4 uſe debt et. tt os 

part belongs to! | 


a by Bgther's | 
deceaſe: hat thax' if) ſbe dent lee, \ihey become. 
her executors; and. that, n WA 1 aman's\de- 
ceaſe, altho', the. 0d of teſtament, receives a tr̃i- 
partite diviſiaon, . 1 effeſt, che goofs 1 Shray in two 


parts only, :becanſt N 52 11 the huſband, 
and her 2 ak only part be- 
longing to t om] el os. tack 155 5 1696, 
e chi not 

ly of he children 

have only Aght to her more, ne reſt of. kit, 


whence | It is, Fn they Tri othing before confir- 
0 2 


mation. 


* 


4s T t B n 
mation. Stair, 17. Feb. 1663, * Forſythe⸗ Par . 


5 Jan. 1677. Paterſon. Ane 5 

* THE bukan's nge 6f 
"Who "emtitled * mafria ge coins 87 with the wife 

10 4 ein *t od. to Wake 4 kripartite Eid 


TEST; 15 5 
ds! bas 163 oft ur. 
June 163 * cl e 34 k 4 $148 * 4 5 wh 1 
IN an 4044 at. the inünce f Ine dectaſecbs dily 

child, againſt the relict executrix, Wy Ard Found 
That tho" the belt be ereluded from utr „ben 
| there are other, children; yet, that Ht, rere are no 

other, he is a bath, CO Yate lt teh in 7 Pamrentd ; 264 
therefore; that hi ere there e at rripartit 

co ; 


_ *Uiviſion' Uthe tigen try. * al iS fu 
| , Kendedf—<=" e Ute; Stir, 13, Jan. 

Trotter A Tentlenen! e e a Jand-eftate, 

made a diſpoſition, mortis ae his moveables, 

Which, after his deceafe, being Ne check Vythis -1 

who was his only child; as in * dffravd of bis eg 

it was anſwertd, dat Ne gftim is the portion 2 

by law ti the younger chrldren, otherwiſe 1 


to which, the e an have no claim, being provided 
by law to the heritape. The Börds f nac ens arten 


entitled to a legitim, and reduced the diſpoſition, in 


ſo far as prejudicial thereto: What;yeighed with' the 
Lords were theſe confidefations, 190, That the young- 
er children have their ſueceſſion in th re vir. 
the dead's part, as the heir has hit in the heritage; $04 
the legitim is a” ſepa „ IRE der the l. law 
to the children 'proprib fur heir ir ent ted 
to a legitim, dtherwife th bed e 4 be di 
Partite, and rhe raſa ger the kaff, 8 ere reno 
vther children, neither dohld he oy claim to dra 
"a ſhare of the moveables, © upon x br 59 with "the 
younger children, nbre thin they Have tb Uraw a Thare 
of the heritage, upon collating with him. 35e; At an 
rate he way drawn ſhare of the moveables: the only 
"queſtion is, If he is bound to coſlite his Heritage With 
che diſponee? aud the anſwer js, That coftariof'i 2 
privileg e perſotal and Pecaßal to young ” chitdren, 
''which there has not, aaa Rilo foo dation is chere 
for the diſponee to have.” 10. Nov 7. Juſtice” 


CHILDREN 


* 


— 0 
© 


"x = 


. 


3 
— 


ly 
. 
m 
10 
ud 


te 


ter by marriagi 
tural, unless di 
which- -ontyyobli 


1A EG rr. 437 


OBYLDREN ſurviving their father, tranſmit their 
legitim to their neareſt o Kin tho” chey 
die without confisbatibn. 1 18. Calin have 
W ares. 
1687, infor 7c xecu-  Hopitins 
try) 8 Der $687; Ruſſels:, there- prio cle, 
fore, where the huſband, at his deceaſe, without con- 


had cbildrec alive, the wiſe enn only get ene 
the rhiru of the deceaſed d god alche“ 


the chifdren ſhould decraſe before zbnfrmation' PI 
ſaid degeafed's teftaiperit,* 'Hadd. 24. Feb, 1607, Ste- 

'venfon be like ia; the eaſe of a poſthumeus child, 
who lied but one day; Duc. 19. July 16233 Sibdald. 
A child, withautmnecedlity of confirming, may ſue 


a reduction of — granted to che diſap · 


pointment if che egen. Me. {Lee?ur ee 


Nov, 1681, Gdodale. 


IF children be forisfamiliate, whey ery haye'no bairss 
: e but a b 
Sete 


te diviſſon muſt 

the relict and the dead's Ber fagilh- 
part. Half. (Tefloment) 3, Teb. 167, ation. - 2 
Hamilton. F orifamili iation of a dat 5 

Te not to prejudge ber portion. * 
hy her, albeit ſhe got u tocher, 
"to. collate with the 7 chil- 


ov. Hare. (Execurry) 8. Ded. i6 
, where the queſtion was 


dren. - 'Hoate!” * 
Ruſſsls.— The k 


the * — 1 the reli; 11. Dec. 1719, Balmain; 


ion being .granted to 2 child, in 
ages A” 2 „ the bairns part 


1 children, Shes Nerger. ; 


part to the heir or executor, who are of he legitim, | 
burdened with payment of the bond. | whar ed 


N 17. Feb. = Iy M*Gill. ——Bongs it bar 


of proviſion; „to his younger 


children, beer dig fu firirfaction of their bons part, 
and with payment of Which the heir was expreſsly bar- 
dened, were found to give the father only faceltatim 


teſlandi upon the childrens third, as well as his own. 
part of 8 moveables, and therefore he dying, without 


leaving thein third in legacy, it was found not to fall 


to the wes who had confirmed himſelf executor dative, 
| Q o. 1 but 


2 


438, LEGIT LM 


but that it returned to themſelves as neateſt Aha for 
which, as alſo for their bands of proviſian, they mi 
ſac the heir executors y Gosfe,19-Jply:.4672 — epe 
A daughter, in her captract. of, marriage, accept: 
ing of a tocher, and granting a renuneiation ofall 
could aſk. or crave through her father's degeaſe, aud 
her brother, the only other child, teking 10 be con» 
firmed executor. after the father's. deceaſeg i ob. 
.  JeQed for the ſilter,, That he cannot both heir 2. 
executor 31; that the office 9 
eannot bar, hen, upleſs there, Fae af 
dren, but muſt fall back egy 
_ther's moveables, 
ne as out 7 5 Þ 


La 3 
Nee young 


2 een in 


at N the 1 oh 5 — — on, An 
took herſelf to her claim of „The. 7 s fquad, 
That the eldeſt daughter being forisfamiliate before the 


father's deceaſe, the brother could. cla no ſhare nor 
intereſt in the legitim N her account, and that the 
ſecond ele nat. being forisfamiliate at the time of 
the father's I right a ſhate of. the Jegitin, 
and did, hy her ratif cation and renunciation com 
nicate her hare to Her. brother. June 18, Her. 
derſon,, ; A Nen 
THE wife acceſ gtiag a YL finders of. he 
legal. proviſien,. the moveables;, receiyt a 

I tze wiſe a diviſion between the legitim ani 
reneunce r dead's part, e pally, as, if ſhe, was fe. 
ee moved by deat dme, 18. Jan. 1420 
" Nibets,——The like; H e 

Jan. 1685, Borthwick .. 5 

. — of; a a dilpoliion, ode, by 


- Fl ; 8 1 7 — « ESL : 
+ * * * * : : 


L E GITI MX. 439 
kis capveables-to-one: of his ſons; on: this 
reaſon, that ĩt was truly of-a * Lin 27 
natvr%,.tho! ensanted in Liege pruftic, aud 55. f 22 x 
ſo could not- preyudge the purſuer, ano - oer of di 
ther ſony of his Jegirims f for chat it bore, , N dll. 
not only a power to alter but an obli- | 
gation on the-difponee to eonſent to any deeds the K 
ther ſnouid make thereof, which plainly made it à do- 
zatio morti, cauſa; the Lords eonfidered the father was 
deſt judge of the diſtribution of his means, and therefore 
ſuſtained. the diſpoſition. Fount.-12, Jan. 1697, K. 
lton.—A diſpoſition by a hu and to his wife, of the ſt 
ing that ſhould: — bis mains at the time of his de- 
ceaſe, being quartelled dy his children as in prejudiee 
of their legi im, being of a teſtamentary nature, revoca- 
ble as not having been x delivered evident; it was an- 
ſwered, Ie, That che form of the diſpoſition, is per n- 
dum act us inter uivot, whereby a Preſent right is conveyed, 
tho ſuſpended-tili-the. granter's death, and TO: done 
in liege. pouflic, it cannot be reached by the law of 
deathbed, and there lies no other bar to the father's 
power of alienation: 2do, This is a rational deed; an 
additional proviſion to a wife, and not of that nature 
as to admit of -a conſtruction that it was intendeg o 
diſappoint the children of their legitim; „the Lordis 
found, that the goods honey: belonged to che indy en- 
quam præciuum. 18. Jan, 152 1, Balmain. Claud Hen- 
derſon, — ef al WL HAT made a diſpo- 
ftion-of his wWhobe heritable and moveable eſtate to his 
ſoo, « in caſe it oald happen him te depart this life 
before his ſaid ſon;; and in this deed. he nominateb his 
fon his ſole-executor and univerſal le gator, and impowers 
him to procure himſelf to be ſeryed heir of line ip ſpecial 
and in general, and. to obtain him ſelf executor decerngd 
and confirmed. Q the ſame date; he grants competent 
bonds of . tor bis dan ghters, which he declarks, 
e ſhould be in full. ion bel all-they could claim by 
his deceaſe. This ſettlement —8—— challenged by one 
of the daughters, as in prejudice of her legitim, which 
ſhe claimed, neglecting her bond of proviſion, it was 
pleaded for. her, That tho! a father has greater powert 
wan any other adwiniſirator or truſtee, and may . 

pole: 


nnn 


- 


db LB 8 17 21 
poſe of the moveables in'communion; up 
nal occaſion ; yet ther te teſtate ue wife or *<bifdrens 
ſhare of the moveables; dt dropping bis charter of ad. 
miniſtrator, andi aſſuming that of abfolyte-prapiictor; 
the Lords. found the" parſacr” entitled to her 
Heme, Feb.” 1428, 'Rehtterfon; n 
bis teſtament haviag natned um only his een - 
trix and univerſal ſegatrt, n u, fubſtitution of 
_— in / caſe” of Her Hecodſe; and ehe eee 
«yi ag an infant. the ſibſtirovien''whs/ found! 40. rake 
phe but then it was plesded for rhe nehreſt of 
in of the deceaſed eser ut? That he Mui entitled 
10 4 legitim, which ebe futher could neither diſuypoiut 
der of, nor fettle in my ether manner than the ldy fl. 
feds; for tho"by the Roman law the puri be, went 
ſo far, that A _ thake 3 — — 

dying in llarity, yet that no ſt en0bt 

us; The Coe Fong” the oe — 
the dead's part, andthat'the'bairns part tothe 
neareſt 'of kin of the deteaſed ; and that the ho- 
plllaris fub/{itutio hath no Pace with un. Stairz 13. July 

3681, A 5 4 * 
IN A rontra e eonqu ng pro- 
Jr to the hers und bairns'ef the marriage and the 
ather”having-exercel his poweriof diviſion, bne-of the 
daughters, to/whodra'fmall are way provided, cinffiſted 
for her legitim, . ivr Latter 
power to provide even , s by implication, 
V his movenbhes mond not be 1 wo Nam of 
tim. It was anfwered,' That m war cht 
er tbe ebftract of warridge,” pri *#hefconquel 
to the  bairns of the marriage; and the moe · 
- ables are once eſtabliſbed upon chat footing, the fa- 
ther's power of diviſion follows of cbhrſe Fh brought 
on the queſtion, Ef the legitim could be fer a ide, 9257 
in à contract of marriage? the Lords fond, 
the proviſions in the cbntract ef marriage and of 


„„ oF - Rk. 


2. S2 Dm aS 


5 


EW * 


8 


2 


ments made by the father, the purſuer d or 
from any claim of Jegitirs : And the —— A dre 


man who has no wife or children, 
moveables without reſtraint; and if 15 Ns 
8 contract of marriage; -as well n let 


. 


* 


ASSIST 


= 
7. 


A. N 


SO an v.11, p. 0 1 Jarvets, | 

| '3 igſolvencꝝ is n * 
father to exelude him m_ " 22 . 
K 209d Allan, 


* 


— 


2? LETTER ef CREDIT. 44 


2d, The terim of the coftatt” are the conditionsron 
-which* the marriage follows, and the children were 
procreated; — — conditions they are brought 2 7 


* exiſtence; : They cap! claim no legal bene 
their exiſtence, inconſiſtent with 7 condiions 
ket June i) a . u l ni ta 107. 130 1 243 
; TH! Wale wove- a n nn 
ables to àn nl —— with a ſubſtitution lea deciſi- 
to another, ' ret the child's heir in mobi- | nat 

libar. is preferable to the ſubſtituts u- 


ad the legitim. Home, p. 313. Robertſon, June 4. 00. 
0 N Or RITE fobors of the teſlator's 
5 uten ro his only ſon, an infant, with a ſubſtitution 
w the! teſtater relict, which takes effect by the ſon's 

death in his minority does not bar the ſod's next of 
kin froin claimintz ehe legitich. rs Dec. p- ee. | 


June 2. 174. 


ff," EXECUTORS of a PIR SUE G £18 child are W 


ted t child's fircged, notwith- 

Add 2 l bellen br che Father to his wife. 
2d, The wife having. e coma ef e ac- 
ud certain 22 


or third, or half af, moveahles, che chi 
ſound, in, his eaſe, $o-amount;to one 4 


5 


3 Al ele DET fle is the brabakt's 


| tower of dijpeſal , See — and Wife. 


. « ahi, e legitin, it ee diu. 
bee Callao 13 60013 10394 90 21G CD LTC! 3107S 


* 111 =; Ie 5 * T, tf 
> 5 12 17 i * "$45 ks 23 - "x; 3. 15 13 


LETTER of CREDIT. 


Ion Kea wrote a letter to his. brother at 
London, allowing him | credit upon Fowlis 


| or Elliot for B. 303 is advanced the money, 
drew a bill, and got payment ; thereafter Elliot upon 


the faith of the Fame letter, which bad not been given 
Up to Fowlis,- advanced part of the ſum, and took the 


tier of credit for more ſecurity. The Lords found 


Kames 


442 LETTER® of OPRNPOORS Ge. 


 Kames liable, for ha wlis witheut getting 
up his letter of pip oe plainly hy > hazard of 
Over ar «; 

7711 again to Elliot. 2 y fy ee 


ERSON eres his.6 in London, 
.defiring him to honor his brother's bill He 15s 
ſhould pur proviſions in his hands far ſati 2 
of. This letter was any feund to bind the 
for ſack of his brotheris bills, accapted-and / 93 
the correſpondent, ac were petiied g him in due time 
before Boi brother — Pe 1 —.— ſount. 7. Jan, 
1681, N advances money: upon 
a. letter of EO uly;/ as in ;the. caſe; pf bills, 
intimate 10 Frags wag af .the-lettes.. that be: hst not 

gas payment of the mene adeançed. upon: The fad 

of the: letter, otherwiſe. he 4s not: entitled; to-xegouric. 
_  Pbis was in the: caſe of.; an. inland letter 1 
| Jo. Nov. 1731, Dyndonald, - 1 oem ng get 
Done be DDS] 2 


(LETTERS. of QPEN-D 


PRI O14 13 1$9 9955) Ss 


"WARRANT — open es ſhud not de — 
ed immediately upbn ſegtente, or hf ebürſe upbn 


4 
17 
4 8 
. 5 > 
«: % "mn 


preedpt ut oiding at fett; aud bpm ae 
_ torn 4 2 that u gods can be boos, then Etrer s 


ors max he granted Dur. 7. Dee # | 
Yo 1 FTW * * f Nee 
'LETTERS.of 0 . 


„t at and eee 
\UMMONE, intimations deny . 
Ce. againſt parties out of the country, muſt be [2 
cuted at the market-croſs of Edinburgh, pier — 
of Leith, in virtue of letters of ſu 
Lords. Stair, 20. Jan. 1665, Lou — E 
Fount. 4. July 475014 Carmichael,-—A: cequilzion. it 
77 ihre wor * not being dul of by 
ement from t Sy tair, «June of 
ONE ſheriff cannot grant letters of (ele 
another ſor citing: and examining. r efſes within 1 
Es 1888 30. Joly. 1712, bg har 


1 4 16214} 0508 3 25 +45 * £453% 
x 


LE err 4 bold in u inferie coutr 7b . | 


ken 


"OY BEE ST ac 5 Wwe 


— — 


E TEES ar 


" *'LIFERENT..' 443. 
before the ſheriſf, upon à contract; 
parties were bound, compearance was 
made fen es ated defendere,' and: a declinator: offer= 
ed, that he n. ſubject to the juriſdiction of the 
ſheriff, - he living in another ſhire. ſherif® ob con- 
tingentians-eanſar," appointed bim to be cited'by letters 
of ſu „ and chat being done, decerned 1 
bim. In Aufpenſtom of this deeree, the Lords found 
it intrinfieally null, as pronounced againft one not ſub - 
je& to the ſheri fi jariſdistion nor was this defect ſup- 
plied by che letters of ſupplement; for the Lords may 
5 inferior judges in erplicating their — Bags 
but they cannot give them any new juriſdiction. 
Jan. 1737, Blackwood. An inferior judge v found 
competent to a tranſumpt, altho' the party called as 
defender was not within his juriſdiction, being cited by 
letters of ſuppleorent from ane — N u 
ſanpt) G . F age th er- 
5 5 — 
* Ph 7 E. KR K — N T. 
A LIFERENTRIX. 1 e inditled $ the rents of 
a new ho Zabel ame in place.of an old ohe: 
to the a ſam, f r wich ſhe was creditor by 
her eontr arriage, Home, p. 3 of petition 
Creditors, of Mill, Feb, 9.2742. The like; Rem. 
ec, p. 42 
A SUM provided for the wife 's liferent ih a co 
of abreſigk: n avr attathablé by the Huſband's credi- 
tors, even though they offer ſecurity to make the life- 
rent effectual. Rem. Dee. p.68, Crawford, 22; Jos 
mr The like; Home, p. 39 5, ibid." 

E liferentrix” ks 122 the corn: Axading!; on 
the ground, in fiery natural! poſſefnon at ber death, for 
vhich hef executors rent Tale. v. II. p: ro, 
OE Nov. 16. 17. aft $5 cs, 


445 8; *® Fs Ft. 


LIFERENT TER. 


LAD o ofiar; inſeft i in lune 

cum ſylvir, nemeribus, e. in the Lifevent- : 

Rncndas, may cut woods, tho' not in- right 7 gn 
eft 


5 7 


+. z 


444 | "LIPERENTER/ 


evhat is com- feft therein per exprefum.: Hadd. 10. 
prebended Jan. 1610, Gaitgirth-——+A lady being 
therein? infefti cum ſylvis in a liſerent; abe Lord 
And imo, found, That it gave her intereſt to in- 
If it carries terrupt the heritors enkting in fe initio, 
*#right is cu till a portion ſhould be ſet apart ſor her 
uod, liferent - uſe, and ordained a cognition of 
the wood to be taken and part ſet a- 
ſide for repairing ber houſes, Gc. Fount. 16. July 2680, 
Stamfield.— A com jun- iar cannot. cut woods: for 
ſelling, tho he may. for neceſſary n(e,: Falcy 48. March 
1683, Dunfermline. A lady liferentrix. hen the 
eſtate was going to a public roup, craving power to 
cut as much of the timber belonging to ber liferented 
lands as would repair and uphold the houſes on the 
ground; the Lords found, That ſhe. had no tight to 
cut any part of the woods, tho} to the uſe of the ground, 
but that ſhe and the tenants ought to uphold them up- 
on their own- expences. Fount.. 3. july 1696, Borth- 
wiek fepgplicant. oo pt Pee oe fy gp 
A LIFERENTER was found to live ne right to 
going coal, which was in 'vſc-to be ſold 
ado, Ceal.., do the country before the hferent was 
granted, much leſs if it had begun to be 
- wrought after. Stair, Gosf. 13, July 1677. Preſton. 
Found, That terce is only due of the profits. of lands 
above ground, and that the lady tercer has no right to the 
profits of a coal, nor any thing e ig fo 
ſo far as is needful for her own oſe;- and thatſhe.canpot 
break the ground to work coal and ſell it to others, nor 
can, partake of any profit got thereby. Spots Terce) 
Hoge, (Liſerent) Dur. 14. Feb. 1628. Lammington. 
NET .» -. courts, altho' it be a re aliry. Ralf. (Re 
atio, Power | gality). a0. April 1553. Marton. . A 0 
o bold courts.” being infeft in her comjunct - fee · landt, 
bhuolding of the king ca curii-; the Lords 
found, That the fiar cannot hold copres for bloods up- 
on the ſaid lands during ber lifetime. Hadd; 4 March 
1609. Mochrum. Lands eredted into a'barony;be- 
ing lifereoted by a lady as her Jjaintures ede Lords 


ol 


| found, That ſhe had right alſo, rg the jurik 


LIFERENTER.. 44H 


* * * 
E „ 
4 


Fount. 26, Jan. 170 Douglas. 


of his father liferent, cum T2#extibury | „ 11199 (2 
ſenendrili, ut Hibery tenentium ſirvitiin: Hirte B70 
the entry of the free tenahts or feners reſer vation. 
vas found to belong to te diſerenter, and 7 cu 
ſalines : glves by* the! fiur vibo patre, were found null. 
Hadd. 14. Dee. 1596, Clark; A liferenter by reſer- 
vation was found to have power to enter the heirs af his 
vaſſals, bur not to receive ſtrangers, nor: change the 
vaſſals· or ree tcnynts; nor 40 ſet tacks or rentals for 
longer than his kifetime. add. 11. Jan; 161, Craw- 
ford john. A father referved liferenter, is: bound to 
keep the ſuperiors head cburts, und not has ſon the 
far. Gila r94 Jun. v6 Callondari Hound, That 
woods were not thei property of a father who had dif- 
poned the fee of his lands to his ſony reſerving his life · 
rent; and that the father had only: tiberty to: cut ſo 
ais ing di the houſes, and 


much as was need ſul by. peo we | 
could not diſpoſe of br fel any purtꝭ unleſe the mood 


was uſed formerly ee be out in yearly haggs.: Hare. 


(Liſerents)"'\! March 1684, Creditors of Moaſwe ll. 
A liferenter by reſfer vation foune: entitled to cut the 
woods upon the eſtate; ſueh of them us were of. the na- 
ture of yl cu, according tothe euſtom and uſage 
of the country where the woods grew. 8, Dec. 2737. 
Ferguſon... A declarator of property is erapetent᷑ at 
the inſtance ef a liferenter by reſer vation cho? tho fipr 
be debarred from having per fh fandi'in judicic by a 
horning. Dur. 21. Dec. 1633, Weyms/'!/ 255 1H 
_ ASUM beingipayablero Vheſband'and wife in eon · 
junect fee, aud 8e thy (heirs; Ge. the N 
viſe, tho but truly a Hiferentrixz-: was Power of 


found to have power to uplift the ſtock, api lift 


« 


but, before extract, The was! ordained'tro rented ſums. 
give bond for re-emaployment of the ſa me 
to herſelf in-liferent,; and to*he#'huſband's'heir> ĩn fee. 
Stair, 25. July 1662, Kinroſs. — A ſum being taken 
to a woman in · liferent and her ſon in fee, the Lords 
found the money payable io the liferentrix; but. that 
ſhe could not uplift it, without citing tlie far: to ſee it 
Vor. II. * P p 1 


446 LIFERENTER, : 


re- employed, or caution found. Feunt. 30. June 1680, If 
Jardin.—An heritable debt being made payable. to one T 
in liferent, and-another in fee, the Lords found the re- id 
quiſition to be null, becauſe uſed only at the inſtance cl 
of the liferenter, aud not of the fiar, altho', by the clauſe in 
of requiſition in the bond, the liferenter had power to L 
uplift and re- employ for his liferent · uſe. Fount. 17. 2 
Dec. 1702, Ogilvie.— A man having taken a bond I at 
for money, payable to himſelf and his wife in liferent, re 
and, failing of them by deceaſe, to return to the debtor de 
himſelf, yet bearing a term of payment of the 2 po 
pal ſum; the Lords, in diſcuſſing à ſuſpenſion of 23 
a charge for the principal ſum; itſelſ, fund. That by 


the / creditor, had the power of uplifting, becauſe: ' to 
he had intereſt; if the debtor! was: 'vergens, jad in» ce; 
oplam, to ſee it better ſecured for his annyualrents; H. 
but withall tlieir Lordſbips thought, That the 56 
creditor, could not fruſtrate and evacuate the. ſub» 
ſtitution, hut muſt re- employ the ſum in: the ſame terms 
as it ſtood in the firſt bond. Fount, 7. Nov. 1711, 
Mo Intoſh.A ſom haping been lent out ta three debtors, 
payable tg a woman in lifarent, and her ſon in fee, and 
two of the debtors; having died inſolvent, the liferentrix 
found means tor get payment from the third without 2 
proceſs, when/ her ſon was out of the country, and lent 
# out again in terms of the former bond, to a perſon 
- Mm reputed d cĩreumſtances, who proving thereaſter 
inſolvent, the liferentrix was not ſound liable to wake 
up the ſum to the fiar, having an intereſt. to ſes the 
money well ſecured, and having aQed-for tha boſt. 13 


July 1731, Malcolm. „eren Ion na a 

* THE Lords extended the ad 25, parl. 1491, Anem 
liferentery findiag· cation: to Aphold 
Cautio uſus houſes, &c. to à man who had inſeſt his 
ſructuaria. ſon in his lands, aud took. from him 2 
lkxerent, tack of the houſe, mains, Ge 
and further in · this caſe they extended it even to dhe 
king's donatar, who had taken a gift taithe ſuid tackſ, 
man's eſcheat, and had akgaed the gr 1e . 
creditor. of the ſaid liferent tackſman. Auch. ( Life 
renter) 23. lan. 1635, Calder. A, liferentrix being 
charged to find cautionem uſuſructuariam, and ſuſpend 


ing 


Nw > @ TEDSDE EE SISRADHDH OI FE apy PRATRY BI Se 


EFFEMRENTE R. I 44 
ing upon che 2d of parl. 1 cap, 226,  ordaining, 


That firſt a preeognition ſhould proceed touching the 
tate of the tenement, and offering, in terms of another 
clauſe'in the ſaid act, to cede poſſeſſion, the fian find- 
ing caution · to her to pay her the maiſ during liſe; the 
Lords found the act 28, parl. 1491, appointing cautior 
nem uſuſructuariam, not at at all reſcinded by the ſaid 
att 1594; and that the clauſes in the ſaid poſterior act, 
relating to the preſent caſe, were only contrived for 
decayed and ruinous lands, begauſe fuch cannot be re- 
paired by the liferentfix, nor e urged thereto. Dur. 
23- March 1626, Fowlis. A liferenter witbout 

burgh, may; be. charged: by. — Reritor to find caution 
to uphold the houſe, withopt precognition,. and with 
certification, that ſbe ſhall loſe her li erent of the houſe, 
Hadd. 23. June 1613, Bruce. 

IN a proceſs againſt che repreſentatives of, a: n. 
trix, founded upon the ſtatute and com- 
mon law; ſhe having ſuffered the manſi- Cui i ioeum - 
on · houſe, during == poſſeſſion, to; g bit probatio 
into diſrepair ; the queſtian oesurred, If v/ 14e Juffcts 
it was neceſſary for the purſuer, in A n or iu- 
to eſtimate the damages, to bring a di - /uficiency. of 
kna proof, by-vwse witneſſes, of the, con - 4 bawſes Tr 
*. of the houſes at the lady's entry, 
which was pow become impradicable by. the, lapſe > 
tane; or if it was — 10 — proof as far back 
u the memory of man could Ky which muſt. preſume 
101 e, unleſs. the defender would offer to prove frepara- 
tions, 6, ante, beſtowed, by: the Jiferentris,, The Lords 
found, That the purſues, muſt prove; the epnqition gf 
the manſign-houſe,. both at the time of the liferen;rix's 
un, and the. time of her deaths, 18. Dec. 1933, Cu- 

nam 47 yer; ot LIGRU I g 5% i) 

- A-LIF ERENTER's right as to 1 

cedua, or to Whatevet is held par ſoli, Later 4. 
determines with his death. Fac. Col. v. I. Liens. 
5. 70, Lang, Gg. Dec. 21. 142. 

IF a liferentrix repair a ruinous | fubje& Mine 


1b; 


ſhe will bave repetition of the whole expence at the end 
— liferent. 2 Col. v. * p. 218, Scot, March 
1755˙ 


1 


% 


an oe © 


44% LIS/ALTBI:PENDENS. 


' A*PERSON:*g = liferent of a Houſe, and of 
the furniture of chat houſe, cannot remove the furni. 
ture, but muſt uſe it in that houſe only, Fac. Col, 
v. I. p. 240% Cochran; Aug. 731755. Pin 93 uf s 
F the gredbtors ti. Jian ram fur 'the' lifer enter 1% find 
eavtio uſufructunr ia: Se, 3 
0 come * err ne Ses Public: 7 


10, 1 oor: 27% has 5 
. 122 SE. 31 7 


115 A151 bens 


„ til & ene 9:01 4918! 


IAKING ddneraitelon nkerice 


in'd ſeparat# 


only, that the purſner may'havs execu- 
tion in both diftris, "Stair, +: Feb. 168 1, Vanlovan. 
For this reafon 1 It is, thar, 4 againſt a ſuit intented be · 
ſore the Court of Sefbon, the exception of lis nn 
in any of the yr of England will not be. fuſtaĩned. 
Fount. 2. Jan. 1698, Cochran Ford.; f. July 1706, 
Cunningham. Home, in Aan —— Meres.— But 
the African company., eo partly of Scots, and 
partly of En — — 2 to 
Elliot in Lauden to ſettle ace bnip 4 e the eompany' 
factors in the Eaſt Indies, —— call for the /profits; 
and L 6; oo being accordingly remitted do hib theſe 


factors, in a proceſs againſt him before the Court of 
Selene seem pts this deferice was - ſaſtaine to: bim, 


Flat there whs'a'procefy againſtthim before 
the Court of Chancery, at the — bf eme of the 
other ipatthers of the comipainy;ealiog for the $ahs ſum 


in order to be divided, and tat, an or. 
der of Chancery he had lodged the money in the hands 
of one of the maſters of chat court, which/was imple- 


menting his commiſſion, and equal to n' diſcharges from 
the company. Bruce, 21. July 1715 Gordon: ' 


LIS pendens, burnt: the eee Ser Pr 


f. 65 | ; 


* + XY U 
4 122 * 1 2213 


5 „ 751 > 4 4 4 
6 # Figs * 4 t * 5 [7 * 3 9 56 4 +; 1 T 1 


1 court, hinders! uot taking deeree 
Furlſdiction. for -this ſame debt in another; which i; 


ont e 7 15 
ls deren iG, 
. n Set e | 

2 * ” Pr eſ 4 
: Litigious by Proceſs. 


is 1 gtanter of a bond having raiſed reductian there- 
of, It was found, That by the exe- 

WH citing againſt the cedent, tho but an hour What under- 
or two before the aſſignation was inti- ſtood to mate 


mated to him, the purſuer made the ſub- a lis pendens? 


jet litigious, ad hunc eſfeclum, to give 
| him the benefit of the cedent's oath 72 the aſſignee. 
ior Fount. 29. June 1703, Mitchel. Ihe paſſing of a bill 
ree of ſuſpenſion being a judicial act, to which no perſon is 
1s Wl cited, makes not Ii pendens to give the ſuſpender the be- 
cu- Wl nefit of the cedent's oath, — 4 there had been a citati- 
an. W on upon the ſuſpenſion, or at leaſt the ſame had been in- 
be · WW timated to the cedent before the conveyance was com- 
ens WM pleted by intimation of the aſſignation to the ſuſpender, 
ed. WW Forb. 23. July 1707, Burton. —A lady having raiſed 
o6, reduction of a bond Krabtes by herſelf, but, after exe- 
But I cuting againſt the creditor, having ſuffered the ſame to 
and fall by lapſe of year and day; the Lords found that this 
j to did not make the gi potink fre againſt an onerous aſſig: 
ny's Wl nee, whoſe right was dated after the ſummons was fal- 
its; len from, fa as to give the lady the benefit of the ce- 
zeſe Il dent's oath.” Fount. Forb. 21. Jan. 1 709, Houſton. | 


ef 1T was found, That in regard pendente lite nikil oft in. 


jim, Wl vandům, the defender could not put | F 
fore WW the purſuer in a; worſe condition, by aſl= Affgnation 


tbe Wl figning his right pendente proceſſu to a granted pen- 


um Wl perſon againſt whom a reply was not dente lite, 
competent that would have been compe- 
tent againſt the cedent. Newb. 14. July 1666, Sharp. 
Falc, 22. Nov. 168 3, M*Brair. — Where the matter 
vas litigious before aſſignation, the cedent's gath is good 
againſt the aſſignee, not as a witneſs, but as a party, and 


* 1073, Somervell. . 
TH of the wiſe is not good againſt Marriage pen- 
tie huſband ; but a woman marrying dur- dente lite. 

Vor. II. FP ing 


he may therefore. be holden as confeſſed. Stair, 20. 


| 
| 
| 
| 


446 L 1-T: 1:6 n 0% vun 


ing a dependence, when the matter was litigious, her 
oath in this- caſe was found to militate againſf the hui. 
band. Hadd. 30. Dec. 1608, Manour. Stair, 29. Jan. 
1663, Edgar. N VV 

MUTUAL declarators being raiſed by an heritor. and 
a ' ok, ang burgh, about the 


Frcroachments of a moſs, and a comuinct probation allow- 
pendente.lite. ed; and the heritor repreſenting by bill, 

">. . Thi my burghs medio fempore, Was ex- 
Hauſting the moſs, by caſting double the quantity of peats 
they were in uſe to caſt, and craving, that the Lords 
would diſcharge any further caſting, or removing what 
was already caſt during the dependence; and the tawn 


pleading an ut poſſidetis; the Lords thought their pol- ' 


eſſion could not be inverted nor ſtopped medio tempore; 
but declared, That when the cauſe came to be adviſed, 
if they found that the town had no right to the mols, or 

a limited right, they would conſider the waſte and da- 
mage made, and would lay it upon ſome other quarter of 


the moſs belonging to the town to make it up. Fount. 


9. June 1708, Fraſier, Cc. 


' EXECUTIONS after being produced in proceſs, are 


3 allowed to be amended af. ze bar, the 
Executiont, purſuer biding thereby. Stair, 25. Jan. 


Kc. if they can 1667, Argyle. It being objected a- 


be mended af- gainſt an execution done at the market- 
ter being pro- croſs, That it did not bear the leaving or 
duced in pro- affixing of a copy, proceſs was notwith- 
. ſtanding ſuſtained, the meſſengeꝶ adding 
1 . _ _ the ſaid chaule to the execution, and abid- 
ing by it as true. Stair, 6. July 1671, MRag.——&n 
inhibition being executed at the defender's dwelling: 
houſe, the execution was ſuſtained, tho the dwelling: 
houſe was not deſigned therein, the meſſenger. conde- 
Teending upon the name of the dwelling-houſe, afid abid- 
ing by the execution that it was truly done there. 
Stair, 22. Dec. 1676, Inglis.—— The like, with regard 


to an execution of a ſummens. Forb. 26..Feb. 1709, 
Junkiſon. An execution being quarrelled on the act 6. 
Pert 1672, ſor not deligning ſpecially the defender, le 

# ( z 


being only deſigned in the 


S. o.g. ee w ia x = = a we. > oa. 


LI BIGISVSE ow 


tion, the within de ſigned; the Lords allowed the purſuer 
to amend his execution, and that being done, ſuſtained 
it. Fount. 10. Nov. Home, Dec. 1683, Maxwell, 
gc. — An execution before the ſneriff- court, wanting 
the words pcrſoually ap rehended, where the libel Was re- 
ferred to oath, was ſuſtained by the Lords, the officer 
having given another execution bearing the ſaid words, 
and offering to abide at the truth of it. Fount. 4. Jan. 
1709, Stewart.——An execution of arreſtment being 
quarrelled, as bearing delivery to the party's wife and 
ſon, without adding that it was within his dwelling-houſe; 
the Lords would not ſuſtain the ſame, unleſs it were ad- 
ded by the meſſenger, and abidden by, that it was deli- 
p:red to them in the party's dwelling-houſe. Stair, 11. Dec. 
1579, Caflik.—— Witneſſes having been adduced before 
the lyon-court, for proving a point, it was found in an 
advocation, that the examination of theſe witneſſes was 
null and informal, and not probative, till they were led 
again before the Lords upon the getting up of the for- 
mer depoſitions ; and this, becauſe the ſaid depale 
tl 


tions were not dd by the lyon as judge, 
ly produce 


they were judicia d before the Lords, and 
quarrelled upon that N Fount. 20. Nov. 17 | 
Smart. A diſpoſition ſubſcribed by noptaries, and con? 

taining a competent number of witneſſes inſerted, but 
ſubſcribed only by three -of them, being judicially pro- 
duced, and the fourth witneſs having afterwards fined, 
the Lords annulled the deed, and found the' original de- 
fect not ſuppliable ex intervallo. Forb. 19. Jan. 1710, 
Straitog.——An inſtrument, of requiſition produced in 
proceſs, being objected to for not years production of 
the procuratory, the Lords would not allow the notar. 

to give out another inſtrument, bearing that the procu- 
ratory was produced; for if this was allowed, too much 
would be left in the power of a notary. . Stair, Dirl. 

Gosf, 12, Jan. 1677, Jeffray.——A poſterior affignation 
was preferred to, ane. granted JT elated before, 
whereof the inſtrument of intimation wanted ſubſcribing 
witneſſes, altho the firſt aſſignee produced a new inſtru- 
ment of intimation of the {ame date with the former, 
duly ae by tn ſame notary and the witneſſes deſign- 

ed in the firſt inſtrument ; and this, in reſpect that the 
Pp 2 formal 


448 LI 1 1 T0 v4 
formal inſtrument was not produced till after the firſt 
was regiſtred, and an interlocutor of the Lords pronoun- 
ced thereon. Forb. 28. Feb. 1713, Duncan, © 
AN execution of an inhibition that was null, as not 
Es bearing delivery of a copy, and fo regi- 
Executions of ſtred, was found not ſuppliable by pro- 
legal diligence duction of a regular execution, which the 
after regiſtra- meſſenger offered to abide by; for pur- 
tion. Chaſers are bound only to notice what they 
: fee upon record; and if they Pay their 
money upon the faith that ſuch an execution is null, they 
ought to be ſafe. Stair, 28. July 1671, Keith.-— The 


like found with regard to an execution of an inhibition, 
not bearing ſix knocks, tho' the queſtion was not with'an 


onerous purchaſer ; Stair, 19. Nov. 1680, Hay. 
A RELICT ſued by the deceaſed's creditors for her 
: intromiffion with his effects, finding that 
Titles made ſhe would be made liable in valorem, did 
xp pendente confirm the ſubject as executor-creditor 
lite. to her huſband, and thereupon pleaded a 
preference : The Lords found' ſhe could 
have no preference upon a title thus niade up pendente 
Proceſſu. Forb. 23. July 1713, Black. © bx 
COMPARE Quod ab initio vitioſum. "© 


Litigious by Arreſtment. 


ARRESTMENT being laid on in a purchaſer's hand, 
and inhibition uſed: againſt the ſeller; 
Common debt. thereafter there is a tripartite contract 
or cannot diſs entered into between the common debtor 
charge aſter who ſold the land, the purchaſer in whoſe 
arreſtment. hands the arreſtment was laid, and a third 
; party: the purchaſer therein aſſigns the 
minute to the third party, who obliges himſelf to pa 
the price to the ſeller, and the ſeller thereupon dit- 
charges, in ſv far as related to the firſt purchaſer. The 


1 intent of all this, was to evacuate the firſt bargain be · 
tween the common debtor and him in whoſe hands 
the arreſtment was laid, ſo as to diſappoint the arreſt- | 


ment, and at the ſame time to make a new bargain 


Wada» . wife - + 


= MA as 6... at 


1 1116 1 8 449 


of fale, whighdhoullnot be ſubject to the inhibition. The 
Lords found,.; That by the arreſtment the price of the 
land Was sds and that the common debtor's diſ- 
charge gad not diſappoint the effect thereot. Stair, 
23. Nov. 1665, ll. 
IT was found, IT at arreſtment lajd Hari not pur- 
on goods could; not hjuder. the lieges to chafing in pu- 
buy in public market, Hope, 0 Arreſt» blic markets 
ment) 24. June 1620, Aitken. 
. IN a competition between an arreſter and an Ag 
nee from the donatar tothe commoa deb- 
tor's eſchegt, the arreſtment being laid - Bars the com- 
on before the. denatar. made the the petitor. from: 
on; the Lords.found, That whatever al- Muing. 
ledgeance af fimulation.cauld have excluded 
the donatar after the arreſtment was laid on, the ſame 
. now good againſt his aſſignee, Dur. 10. Dec. 1623, 
Douglas. Dur. 26. july 1628, Reull. 
THE creditors of a ſeller of cows, having arreſted the 
price in the: purchaſer's hands, and he in 
the fortheaming deponing, That he had Arreſtee can 
diffolved the bargain for the reſt, ſince do no deed to 
he had no hopes to get the cows; the diſappoint the 
Lords rejected this quality, ſeeing he ought effec f the 
not to have deſtroyed the contract, nor 2 | 
diſſolved the bargain to the arreſter's pre- 
judice, but they allowed him to make up the tenor of 
the contract, and deliver it to the arreſter, or elſe to pay 
the debt. Fount. 24. Dec. 1679, Home. 
AN arreſtment having lien over two years withour 
any diligence thereon, and the common 
debtor having thereafter afſign'd the ſub- Mora. 
ject arreſted, in a forthcoming at the ar- | 
reſter's inſtance, the Lords, in reſpect of the nora, m a | 
ferred the N 7. Jan. 1729, Thomſon. | / 


Litigious by Denunciation upon a Horning. 


NO debt contracted by a rebel, after Debt contra@- 
denunciation, can burden his efcheat. ed after denun- 


Stair, 24, ors 1669, Dundee, ciation. 
Pp 3 . | THE 


%% L ITI I vis. 


-THE king's donatar ſuing for declarator of a rebels 
luiferent of lands holden Tu of the 
Alienation' king, will not be impeded by any baſe 
| after denun- infeftment granted by the rebel after his 
ciation. {# 3 year and day 'at/the \ then) albeit it 
. ed — obtaining / declarator, 
Hadd. 18. Jan. 26m Ord.—— A-vaſſal\being'put/to the 
horn, and remaining rebel unrekxed year and day, the 
Lords found, That aſter denunciation he could not make 
any valid diſpoſition, whereby the caſualty' of the ſubſe· 
quent liferent might be prejudged : and this, alcho' the 
infeſtment given by the rebel was ſor 4; of ajuſt 
debt. Dur. Spot. (Horning) 23. 
Hope, (Horning) IT to 162 55 
( Horning) 2 March 1 
Cochran. A right ws — made 
horn, - altho? no decClarator had as yet f 
fuſed to be ſuſtained to defend. the party 
tho the right was purchaſed by bim from the 155 for 
a great ſum, and us he had poſſeſſed for 10 years, ipe- 
cially ſeeing the action was for ſpulzie of the teinds of 
years aſter ere Dur. 18. Dec. 1629, Capringion. 
—— An affignation, tho onerous, was found null, as be- 
ing granted by one after he was denounced-rebel, tho 
before gift or declarator of his eſcheat. Dur. 6. Dec. 
1637, Conheath. Dur. 20. Juby 1630, Ley. Dior. 
2. Feb. 1632, Lindſay. Forb. 1. June 1712, Ker. 
One after he was rebel, but before year and day, having 
diſponed his lands for an onerous cauſe, and the purcha- 
ler being infeft, poſſeſſed 12 years unquarrelled: not- 
withſtanding whereof the ſuperior was found to have riglit 
to the profits of theſe lands dur ing his vaſſal's life. Dur. 
28. March 1622, Lochinvar.— A defender in a decla- 
rator of ſingle-eſcheat having pled, That the goods be- 
lnged to him in virtue of a difpoſition granted by the 
rebel ftante rebellione, for the price of corn and ſtraw be 
had furniſhed to the rebel for maintaining his cattle, 
which was to the benefit of the donatary to the eſcheat; 
the Lords, nevertheleſs, found, That the property of the 
belonged to the king by the rebellion, and that the 
onatary was not cbliged- to debate upon what accour: 
or on the rebel was debtor to the defender, and | is 


* 


. / / I he, 0 


E 


«* 


e 
e 
e 
e 
ſt 
t. 
, 
ic 
fo 
I 
or 
e- 
of 
n. 
e- 
0 


c. 


and. 
within a week thereafter]. ;and the 
were rouped. and ſold by the creditor for his debt, which 
became thereby estintt; yet the Lords preferred the 


LITDTI1IGHO WV Ss. 451 


in no worſe caſe than a creditor poinding en arreſting, 

who would be preferred, notwithſtanding uchpretences 
Dirl.: 12: June 1667, Lamiſden. One g a diſ- 
tion to ſome nom bis debtor o utun, in o- 
roboration of his debt, before the granter Was denounced, 
but the diſſ SH a power to revoke; and alter, 
alſo retamed, tho the granter died 
after his death, 


— — decealed's o this aſſignee : but 


ordained the ſaid:donatary!to:diſpone all his xighu to the 
aſſignee for 
Sinclair. 


ing his relief. Fount. 14. Nov. 1698, 
2.an; exhibition of wit, ender al- 


le were 2 impignorated to him for ſe- 
TO - the ſame ſeripte, this 
| they being the writs 
of of land, the —— 1 t — nd from him who 
impignorated the Writs 12 he had 
Far ſeller; ſerved Iihibition Againſt. him 


.before Wenne ee, Dur. ee, 
Dundas. * 879 WF 


: 9111 1 


NOTWITHSTANDING: of the at of parl. nen — 
ſignations anue mabelliuns, the rebel who +» + i, 
diponed lands:befbre: the rebellion, may, Bart com- 
during the-ſame;/1aflign; any warrandiee /» pleting nights, 
competent to him, it being * here theres 
Cole ff m wp bern antecedent 
rorb.— 4 bond granted after- denua+ - 0bligatiay«1 
ciation Was d, being granted in = 
ſatisfaction and i 9 a contract prior to t 
bellion. Stair, 28. Jan. 1676, Jackſon.——A man | ing 
creditor to a party before his being put to the horn, an 
after the rebellion getting from the rebel a blank bond, 
and filling up his own: name in it, in a competition de- | 
tween him and another creditor, Who was donatary to the 
eſcheat, the L preferred he aner. Fount. 13. 


Feb. 1697, Burnett. 


A CREDITOR, - OR 1 ao. 2 it bars pay 
him in a proceſs of adultery, which car- ment and: &- 
ries eſcheat of moveables, having ie ther deeds. of 


135 RD *. 64 TY Vs & : 1 + 4 
% 2 * * G 4 ; 4 o 


- 


452 L1IT1IGHOUS 


air and true, and the: 


ordinary - 4. and cleared with his debtor. and given 
lee e hiiv@ di — 4 "gg 

9 good a car of-eicheat ;. (oily 
the Lords ordained tir roidepone,, dr c. 


-ouerous. | Dug: 10. 
deliver hie gdods to lawful ereditors in payment) en. 
the the delivery was made after the * 
it Was dane befone n was: ” Auch. 
HR. Feb. Spot. — —— 2634, 
Moſimari. But the.ddnttar xaspreferiedowhere the 
ereditor did not attain poſſeſſion” before the gift. Spor. 


1630, Schaw.——Found, : That a rebel 


heat) 16 
We —— July 1636 Trp Preys cp | 


bellion, tho 


re be 


re declarator of eſcheat,. is excluded by e. 
He 


cheat: but if the-affignee obtain payment; 
The reaſon is, (betanſe after denumciation, the matter 
"becoming" titigious, the rebel ied up from. doing uo · 
Uuntary deeds, df ich nature —— wug i but 
payment is a 'niecelfary deed, in ſo fur agthe rebel was 
antecedently-bound thereto. Stair; io: Deco, Veitcli, 
— he like; Stair, 18. Jan. 1678, Purves. 
A blank bond delivered by the rebel te eng of his 
creditors, after denunciation, but before declarator, in 
1 a debt due before rebellion, was 8 
ainſt the donatar of  eſcheat: ; iStair, Gosf. ag. Dec. 
1676, :Grant.a—Stair, r. Jan. 16 7% inter Cf, 
1 affignarion was ſuſtained, tho after denunciation up- 
on a horning, being in ſatisfaction of à juſt debt;-where- 
upon diligence” was' done 2 denunciation prior to the 
- "other — Fount. 21. Nov. 16 77, ne 
r FF 
A TACK fe by © rind wt ths horn forileſs coy than 
1 a r, paid, w Found null. 
2 Ses Hadd. Nn. 16, —-Atack 
ed After de- — by the rebel after” Centticiarien, 
- nientiation. - (* nall by way of enoeption, at the 
inſtance of the donatar, albeit given be- 
fore his 'dſcheati w Hadd. 8. March 161 i 


3 — Hadd. ly 163 I, Salton. Hadd. 


uly 7611, — Found, That à tack ſet by 
the rebel for eld duty /ante rebellione, could not be oh 


d ae found 


» = Jy. BD w 8A £8 wo 


ieee HY TOYS FT Narr 


E Ur as 


ken away by the giſt of liferent eſckeat, becauſe-the 
tacl. was ſer before expir ing of the year and day. Hope 
( Horning) J. Dec. 67 4, Charteris.——A tack ſet to a 
kindly tenant aſter the rebellion, but before the gil of 
liferent eſcheat or declarator, was ſuſtained. ; 
{ Horning) a0. Nov. 1621, Parton. Found, That if 
one be denounced and remain year and day at the horn, 
he cannot from the time of his denunciation diſpone any 
of his lands in prejudice of the ſuperior; yet that, be» 
fore expiring of the year and day, he may ſet tacks for 
payment of the old duty. Spot. ¶ Hſcheat) Tullibar din. 
IT was found, That a rebel may align. & debt even 
after the rebellion (provided it he before 
eneral declarator) in prejudice of the A 29% 
Rage donatar 3 and that the act 2392, nl. 1493. 
cap. 14), ſtrikes only againſt aflignations «6791 9-1 
made in'defraud bf the creditor at whoſe: inſtance the deb- 
tor was denounced rebel. Auch. (Rebe/) 14. an. 16375 
Lindſay.— The Lords found, That the act of parl. 
1592, was not intended againſt heritable, — but 
that they may be diſponed even by à perſon at the horn, 
becauſe that, if the act was generally underſtood as i he 
wordę ſeem to purport, thenno perfoy at the born could 
diſpone his lands; and, in this caſe, the 
would be as an inhibition, whereas the context of the 
act ſtrikes only at aſſignations of things eſcheatable. 
Dur. 21. March 1623, Cuningham.— Dur. 10. Feb. 
1624, Edmonſtone.——Dur. 3 er __ Ant, wey 
Dur. 8. March 1639, 5 u 
27% E, (tasrtit un tee n TT” | 
Lit gious by n upon Appriſing, 
ung tation upon Adjudication,” be 


AFTER denunciatidn' of lands to be compriſed, 
Lords found, That the debtor could do wp | 
no vohm | det d' by difpoſition; or fe ' Alienation 
ling the lands, tho” to'a creditor, in fre. "after denum-· 
judice of the dendemcer, 'if compriſing” ciaion: 
actually followed the demme iat 
Auch, (Cen, Nee. Feb. 163% 474 
compriſer was preferred to the mails and duties of the 
lands compriſed, 8 of a tack ſet aſter the 

compriſing 


gn 2 UDIGHNOUS 


eompriſing by the common debtor to another -creditot 
for his iecurity. and payment; altho' the tacheſman al. 
ledged the compriſing whs deduced for a very {mall um, 
and the lands were ſufficient to pay both their (debts, 
ſeeing the only remedy competent to the tackſman in 
that caſe was to redeem the compriſing, Dur- 20, 
Feb. 162), Garden. The Lords found, That an in · 
ſeſtment of annua ted by the common 


could not be ſuftained in prejudioe of anothef creditor: 


adjudication, the infeftment of annnalrent being granted 
after citation Was given to the common debtor upon the 
ſummons of adjudication. Home, Jan. 168, Cre- 
ditgrs of Menzies.Halc. 21. Jan. 168 Douglas. 

Found, That a debtor could not make any right-yolm- 
tary; nortpteſer one creditor to another, after /citatiui 
upon a ſummons of adjudication, any mere than ther could 
difpone hands after denunciation; upon letters appriſ- 
106. Home, Jan. OG Ce un Feb. 

84, Ader. 

2 FOUND, That Hir abi Spa e en 
Arto the debtor cannot ſet a tack of his lands 
r. nor — 2 other a nary 1 


pr 
inhibition at the" time. Dur. Spot Cee, er, <q 
Feb. 1629, Blackburn. auen 144 
IN an action of poinding of the Span [the Lords 
found, That an inſeftment, granted 
28576 one to his cxeditor after demuneiation n- 
ed in 72 ed by third, party, who 9 com-. 


an priſed, Was a infeftment, in = 


: guence 0 
the 


77 ntecedent. e: it depended upon. a contract 
ligation. e ae Ser he 1608 
den N ; ed; to 
Hope, ( (Cumpriſing) 165 June 
A DEBTOR, haying Jifponed th 

the compriſm 


1 
Aer. ken thereon, the Lords | 
1 12 2 OF | 4% 4 

the alienation at che inſtanc 
4 * E % * * . 8 1 3 3 3% " i * 4 7 
„ A * ieee 4 3 eh 4 


* 
$22 28 59.38 
* 
„ 


EE. 4 


Cc 


* 8 8 


FFC 


oP 


z u DIG ro U Ac 


priſex, -ini reſpect of. the long time (via. lorry 
had 2 — eee — MO — te 
Spot. ( ing): at. july 1629, MC — A 
— voluntary baſe infeitment, 1 
caules,' and clothed, With peſſeſſion, preferable; in 
a poſſeſſory judgment, t prior compriſing, ir 
the compriſer had heen in muna by lying eat ſonr year 
without doing an Adiligence: Dur. 29. March. 1636, 
Galloway. > dion on: and irifeſtniqut found to give 
the — a! judgment, tho granted after 
denunciation; vf an — which made the matter li- 
tigious. Stair, 17. July: 1868 Stewart. Denuncia- 


tion of appriſing makes the ſubjedt. litigious, after Which 


the debtor cannot make: any: voluntary alienation in pre- 
judice of the apprilng, EY proceed. in 


diligence. to obtain infeftment or 
but I he * in pool the effect of at 9 ceaſes. 
of ap- 


LL EVETY. 


woke l that hob Was in emrſu dil, gentia. Stair, Are 
1681, Neilſon. In the. reduction of a. 9 
nation, granted after the ſubject was a ged, the ad- 
judger Was, found: to he An ww mora, having lien over ſeven- 
teen years before the voluntary alienation was made, 
and thereafter. above y- three befbre ay — — 
and creſre was denied the benefit. of: the.redudtion, 
Jan. 1730: — r 
mora Toy ar tyelve: or.thirteen Years, not ob 
ment, nor 
1 by mails and duties, or otherwiſe, u 
voluntary a for a price paid, granted after the 
— with infeftment. upon it, was fommd prefer- 
able. Fornf. 25. Feb. 1680, Southeſk, &c. An ad- 
judicat ion was deduced Dec. 1 726, with a charge againſt 
the ſuperior in Feb. thereafter ; and in May 1730 the 


debtor 


char fi ? to 
Nen ben uperior — — 


4 1 f 
debtor granted an heritable bond, upon 
 followed' in Oct. thereafter.- : 222 
oy. acjudger and aimualrenter about the n 
. 1735, the infeftment 
ag the 4 0 real right, was —— as! 


of the adjudger's: dili 5 
pidget was hy age hot taking e 
5 1 atjudication. with' 4 charge is ee 0 * 

ence, Fog which there can be no ofa. RUDE 

air,' Tit: Di/poſitions, \" 20. In ne, . 23. 24 An 
adjudger is not bound to take mfeftment dur ing the le. 
ga ' Stair, Tit. Infe —_— of Property, J 30, and there- 
ore, during the l cannot bei mura, tho he nei- 
ther 2 — . tk him 
. "The e proerve the djudger. | 

T 1 5 

115 21930 39 k ths No 2 0 50 ei 44. 147" 1 1 
55 5 10 us b 1 g 

1985 2 4 5 giov in Inkidition. R 
5 A DISPOSITION ted by tbe common debtor 

„„ „„ der inhib ition was publiied at th rr 

' Miibiation croſs; but before re reptration, go Te 
2 ee e capite, inhibitionis ; tho 

dged for the' merous / archaſer; Tha 

1 33 lit Bil gs cio ere, 280 27 ind 
bitions but from łhe records. Dirl. Stair, 12. Feb. 
3675, Cruikſhank.—One having executed! air ihibi- 
tion againſt his debtor perſonally upon the firſt of the 
month, againſt the lieges at the market - croſũ upon the 

fourth, ad regiſtred the ſame upon the ſixth; the per- 
| ſonal execution followed-out ſine mora, was found to ren- 
der the ſubject l ſd as to cut dow a minute of 
ſale ſubſoribed by ide debor of his lands on the ſecond 
of the month. Harc. ag mers of i March 1686, Gart- 
ſhare. But letters of inhibition the fame day 
that the debtor | ſerited a minute of fale, not execut- 
ed till the day after, — found not ſufficient to render 
Bai * lage Hare eee 3. * you, 

. 


. * S 80 * i 
« * — 8 
s 75 5 , ” V 8 f E . 4 
+.» hp 5 : * 2 6 * ve, 4,4 > 
4 1 . a I " a 5 * 
31 4 


— 


Ts. 


SEE FTS 


E 
PP WY 


I on err 


4 wy 
* * 


o 


— 
WP. 
- * 


2 7 A 7 


* — 
4 
. — 


Ll T.'1;/G 1/0: VS 


name. Dor. 10. 
— ent. 


A PARTY who, had wadlet his lands, and taken a 
back-tack containing, a yearly, duty more than the legal 
intereſt, did grant an infeftment of .annyalrent over the 
ſane lands 20; Guns creditor ; and. laſtly, diſcharged 
na between the the wat 


U ” *:.4 #7 5 # 2 1 * . 5 
. . N i - l {nt 1 x ud 
>: * « N — 24 * A 

f . 


s LOCUSUPOENITENTIE: 


_ CHALLENGE of a fale on the bead-of frand-wi tha 
found good againſt the ereditors"of "the WW "© 
Later Dafs buyer, who obtained heritable ſecurities IM *2* 
+ from him during the dependence, tho the il Ke 

was allowed to lie over nine years! | Fac: Col. Pe. 


vl, 378, Menzies. ' ee ate opts e Rt 
1 * (competent 1 to na e J ingaſh 4 o 
See Jus tort. ln a e e e. nh * 
bun l Lf mij) 
and ma 

locus POENT' ENTIE.. a 

e 


T* Lankan in IF EPR of N . ene f 15. 
of the parties deceaſing before any writ was ad- 8 

' Where writ is ea nay —2 og Tom] themſelves gy 
CEE 
that 'the bargain — and that the r rty ha - 
action againſt the repreſentatives of the deceaſed for re. 
ſtoring what the ſaid deceaſed had received. Dur. 5. Dec. mY 
2628, OliphantVerbal ſubmiſſions and verbal de- +6 
erees-arbitral are binding, 'tho' writ be not adhibited. WW db 
Stair, 7. Feb. 1671, Home, A man having pre 15 be 
Loy 


to ſet a tack of cuſtoms to another ſo much ches 
year than any other ſhould offer, and being bed for 
after he had, de fadfo;ſet them to er er 
in regard that this was but a naked commamin 
dearing any ſpecial tack-duty, nor any writ adhibited 
thereto, found that there was locus penifentie; "Nicolſon 
(Promiſe) 26. Dec. 1626; 5 action to Con- 
"time a tack for a courſe of years, was four only p 
| bable /eripto, ee ar. ww dae 13-N; 1567, 
Charteris.—In caſe of a five yentr tack, the Lord 
found, That the tenant har ing- polleſe@ "rivpe "ht 1 
years, he vould not renounce” for the other two at ti 
pleaſure, altho* the tack was ber verbel Spot. {Ta 
Auch. (Tuct) 24. Jan. 16299, 7 AP | 
"Ing taken-a tack for five yours; por laboutet? the Ind 
for two years thereof, but 7 the eck ner in writing, 
| altho' the maſter offered to refer to the tenant's *« 
K the five years ſet ne years 5 


SEAS ESSETESTSIIERERS 


SI 


EE — r + 


LOCUS POENITENTIVE 45h 


the Lords. found, That he might repent. and quit the 
room at any year thereafter before Whitſunday, the 
tack not being perfedted by writ. Dur. 16. July 1636, 
e ſet verbally to a tenant, under a 
penalty, That, if he, entered not thereto, he ſhould pay 
a year's duty; and he not having entered, but given 
over the.ſame.debito tempore, the Lords found, That there 
was place for repentance to the tenant, and that he 
"_ quit the bargain rebus 3 and "the 
in 


this, a 
r had built barns, dio. tor th — 
no prejudice to gone 


labouring, which they 
ſeeing they could ſerve 3 any other tenant. 
15. July 163 7, Skene. 4 verbal. promiſe not to re- 
move a tenant for a year, is relevant, and therefore. pro- 
bable by witneſſes. Colv, | May 1582, Monteith. Erſk. 
13. Jan. 1892, Binning. It being objected againſt a re- 
moving, That the purſuer had promiled verbally to the 
defender, nat to remove him for two years after | 
of his tack; the Lords faund the premiſe / probable by 
witneſſes ſor one year, but for: the ſecond year ſcrip - 
to vel juramento ihe Nicolſon, R 3. June. 
1611, Baillie, ke, where: the alledged pre- 
miſe Wa not to remove the defender during his life, 
he paying the old duty: Nieolſon, ibid. 25. June 1611, 
LW.— 1 kke, where the promiſe was not to re- 
move the defender from a wheat loft for fire years: 
Nicolſon, iid. 11. June 1621, Johnſton.-Two perſons 
having excambed their ſhares in two public companies, 
and earneſt being given, but no transfer: ſubſcribed; and 
he who recęiyec the eameſt reſiling, on pretenee that 
there was locuſ penitentie, becauſe the bargain muſt bo 
completed-by Wxit, which was not done, tho it was con 
tended, That i e places abroad there was no 
more required ade e ſones mercaturum 
were bing, _ —— ate; the Lords thought the re- 
ſling — hut. could net ſubvert the principle of 
law, whereby there is locus penitentie. till papers be ſub- 
ſcribed ; yet. they. thought that he to be reponed 
by — pp not ne gps his: returned, but all 
lis damages li iſs paid through net keeping the . 
Bann. Tee. 28. June price kgs 
1 4 3 


l Fe: = 16a r 


AF” 
* 


uo cus r vB 


Sho alone tad ſhblerivedthe fine | 
the comeadt, Aryan nor | 


| n] 
and delivered: to a” writer for” the! be. 


t; and t form” . charters thereupon, 


gy is = por petit NN id xande! 
of Kerſe, and theſe two-figned the contradh 2 


Kn TIT CHAD EE TETMD RAR Rs C5 TX ESTI bn © fy ED 


LOCUS. POENITEN TI. | as 


> mr k Ca Ces, apr ns } ſent. Gore 
1 8 2 ma TI rs 4 


r 1211 mance, the Lords foun 


pr Was Dot. 
ed deed, as wanting the ſubſcription of one 82 


the parties-contratters, and as thereby he had /ocus pe 
nitentia e defen- 


der. ante. 1727, 477 act between # 
ſn gle pe the. one ſide, an en ny AF the 
other, tho * . 1 by All of them, was 

obliga 5 8 Ahe it it Was alledg 


Tha, rihi a e W cing the ſubſcribers were 28 
to perform all that Was preſtable on their fide, in the, 
ſame manger. as if the whole e ers had ſubſcribed.” 
Spot. Cee 25. March 1634, Edenham.— The he- 


mmon ea | 
5 dubak ths Wilen ah ON b rae Fo, kgs Ifo . 


in 93 ito ay pr null in reſpect one of the heri- - 
55 tho lubmitting With the reſt, Ly; ligne. the ſub⸗ 
miſſion ; and fm allo, That this defect being 9 7 


to by one of the ſubſcribers, not de Tuppli 
poſterĩor ratific ov, of of . be ie fee hit” 45 WY 
1735, Bogle. — tract of marria e, * ang to de 


with the we the bride's father 28d mother, and 
E. gs with he) bb WI, 

e With her 0 | 
pes was found'e e Sele 
e after the 5 BT 9 i, 


5 L bn 2 TRENT __ 
110175 get 8 What urin 
We can boy tay 447 e 6 


am 1370 


wee yo an. . rede 175 255 ny 
was yet place tp becauſe. "other pa 
could = 11855 nd by 1 N. tue letter, and 
both behoved to be 10 5 either, "Stair, Gim. 28. 
Jan, ane dmerp: e | * rig 
ES 3 1. N Ber 5 


bound by the contract, inch remained 


5 780 cee Penit r 
We, . was fi there. 4 " 4 1 


* 


* 
. 65 * 


— — — . — moe LD no Oo on. — — 


> 


465 Locus r oN f EN 


her eſlate to her nephew, with a power of 
in a ſuit againſt her, to renounce” the fa 3 
wee pon br lxers promiſing g to do it, if he would re 
Rochel to Scotland the Lords: That 
there was no locus / penitentice.. Home; Fount. 8. Feb. 
1687, Alexander. - ; 
IN a verbal bargain about lands there was nor found 
_ Iacus panitentie;. res non erat itt: 
Ubi res non #egra, - the ſeller havin To pur- 
W — in the right-of fu ty n oe 


T2, Nov. A 1. Dec; 1674 Gordon See Stair, 10. 
Dec: 16 , Part, A polletfor being ſued to remove' 
from a houſe, of which he had got a bear os pra 
oe purſuer to laſt far nine years; Int. 

. 1 . 


. . — 
3 be 


uc en de — — 
N an. £665, ; Baptie n 


ARTY barn dare, b Bre . 


Rei in partoC the price; 9999 4 
venus. ret » eee een, wo be fl 
. 6 


* pak 


5 quia! ri now erat integra: Dirl. 


FSFCFT RAF 8E 


C7 1% 


7 W Fe EY * 


r r 4, Bo 


Err _— 4 


13 fac Lords fam 3 


and 
only rei i 
ventur ok 


the one”. the other 4 
have the eee . 
part witch h own to m, 
a rofl rl ud te ker hor 
and he whe ve the piete 
— rate, tlie Ferry | 
Gulf this fer; 


yet ſubſcribe; th . 
kr ee LR 
bee Fond nd mnelpomy ireephry 
vere e it was t * 
i i the' tho? the tac 
never extended; in writing: Mair. 13. ly 1553, 
E 277 cribed 


Vee 


7; Sor. A gra 
tack for at mam” 
eſe 


46% LOCUS: P OENAT EN T1 K. 


the one the Lords ſuſtained the tach tho notti 

elbe by the party who Was to mr at tithes. g 

found, That his entering 10 7 ng 2 
. | 


ription. Home, Ma March © * | 5 : 
1 or mak: and duties e 5 BY 
rds' the w c 
lowing dilatory, vis. That the e les the ra 
a, Heede Was ny, ligned, by the N and not + 
1 e Fount, Ines. 
Oath. TIERE was not found ; niucntie 
5 Campbe .. Bier an path wad jutexpoledyc. Stall 
9 
pay. ere A without writ, eg. 
.- is. no. Jacus penitentie.._ Stair, 12 
Pata libera- , 2661, , Hepburn+ Stair, f. Feb $h.. 166%, 
toria. n Ker. Stair, 25. Feb. 1679, Stig 
: Fel. hberatoria de nom petcnge, de non It 
pugnands, and 2 like, are valid. without writ; and 
therefore, in theſe there is no Jocus penitentie. Stair, 
Goaf. 8. an. i 670, Scot.— Found in a competition of 
adjudic That a prior adjudger,. who wo verbally 
red the e might thereafter reſile, the pre · 
erence not be ing for an onerbus cauſe. Harc. ¶ Locus 
| penitentia ). 5 eb. 1687, ful Wel Keen. 
tert amongſt creditors for ſuſpending diligence agaiuſt 
common debtor, ' ny Aae tory ; and that yt 
Is not neceſſary In meh a eb. 2.726, Tompe- 
tition M= 4 — 
APART Weid e . e . El g 
March, to enter at the Whitſunday 
Where writs - after; but having given it over again dt 
not neceſſary.” 2 ſo as there were more than forty. 
ys to run at the term: . 


[ d the 1 iving, in reſpect of the cuſtom . 
| Gabe th 55 77-4 bende 1 M. 125 fuſtained as le- 
—_ all the laſs of the earneſt 


„ 
Jo this be an evident dl ip upon rds. Fount. 
20. Feb. 1703, Wat.——A. bargain for v1 al. being 
completed, and earneſt given; the Lords found, That the 
ſeler (tho' no writ was Wann a not TY _- 


1. 
323 


Fan 


. Fa NSA F S 


. Te ROS RAT 


ON OUS a, ©0808. WC CIP; © 5 AQ» Re LI wn $8. 3. 


— el e 


ro EU- Yer Ff AE 4} 


er n retorning the earneſt. Auch; / Ber 
and ſelling J 17. Feb. 162 Brown.——The j + Þ 
of a flip being moyeable,' | 


is no len 3 un 


Gage 1681 3 
N dove; A e. YENDITION; vn 
agreed, To the? yet, for ee of 


ed, Stair; 24. June 1684, 
Tho? I not pale rar to per» 
io perth ito 25 s len panitenties ti! 

the writ ſubſcribed; 10 12. IId. 1676, Campbell, 

A MAN' after” x ede of marriage having, refiled, 
without giving 4 hires ant the woman | 
having been dt ſome e 5 Locus peui- 

1 tedtiz den 


im a (fie for — 

Lords, tho“ the nd}. ö 
bent off lan Nod ar thee is He: 5 
2 8 under 8 


5 Yb 


ht not to by-dimnified 
her ex to ber probt 
= = 
the Lords:at'a 
for ber Jo{F ef the @HrRcT, th 
ſhe had proved, _ ad, ere, that h 
w rational” g . 4 e 


5 che 


tentiæ, 1 that could be no proceſs upon the 
contract for implementing the marriage, neither. could 
tere be with regard to any acteſſory ſtipulation in the 
contract; For if thete is locus ene, the contract 
cannot be binding more than if ft had not beer ſubſcriv- 
ed. Bruce, 21. Jan. 1715, Young. $46 


e That there was s Jocur ET , 


OY LOCUS POENITENTIA. 


AN OBLIGATION to diſpone lands contained in 3 
miſſive letter 2 to the buyer, is 
Fill 25 bi without any written acceptance. ed 
tiflons Flac. Col. vol. 2. P. 351. Muirhead, 10. IM 
Aug. 1759.—ln this caſe the miſſtve PE 
did not kept an offer requiring acceptance, but an ex- £4 
preſs obligation diſpone; and beſides matters were - 
1 entire when defender afterwards reſiled. off 
_ UPON the | 19. June 1760, Johnſton ſubſcribed and bag 
delivered to Fulton a miſſive letter, by which he pro- 8 
miſed and obli iged himſelf to ſubſcribe and deliver ia ©” 
him a valid and formal diſpoſition, with all other becel. le 
fary clauſes, of certain lands, houſes, and an heritable MW © 
bond which belonged to him, together with , ſome al 
_ corns growing upon the lands, and to pay of all public 
burdens 21 5 at and preceding Whitſunday, 1.760; and WW 
iſſive tains the follow ig, chuſe ; * You, on the ap! 
L ocker being obliged to pay or to your bond, = 
* payable to me at Martininas next, for the ſum of T 
. 160 r- as the W of the haill premiſſes a- ' 
* greed won 75 Fate bard us; ſes, cites alſo tg 1 405 Ku 
e of al ic bur payabl; r and year 
* 1760,*and all Ta db heel, ve 27 in 1 | 
ſtantly ee to, Fulton; . but {be Pre * ſubſcribe or a 
deliver any obligation on his part binding himſelf to im- 
; plement the contract. About four months thereafter Ful- TH 
ton brought a proceſs, conchuding that Johnſton, in terms WW . 
of the miſfive, ſhould be decerned to difpone his lands t 
and ther ſubjects for the price agreed upon.  Fleaded Bl r 
for Johntton: That as Fulton had never ſubſcribed or 
delivered to, him any deed or miſlive, binding himſelf to Th 
im ings, the bargain, the ſale was not completed, | 
he had /ocus penit:ntie:; That in all mutual contracts, 
the 5 is, that both parties muſt be bound, or neither: , 
That in the preſent caſe, the defender had indeed ſub- o 
ſcribed a miſfive, binding himſelf to ſell his land at 2 
certain price. Fulton however was not bound to ſtand 
to the bargain. It was not enough, that he took the de fell 
fender's miſſive and put it in his pocket. He might not-, 
withſtanding have delivered it back, put it in the fire, 


or, refuſed to ſtand 4 to the e As e Cale 


— . 


„ 2 
#*5 


9 EO 
„ * 


„ 


r d TIT Oe MOT 


E 
w? 


1 


Py , {= 
S8 F aw 


— 


LOCUS POENITENTIA 46% 
” a9 0 


edly. a mutual contract; and therefore, as Fulton was 
not bound, neither could the defender. The caſe may 


: 


perhaps be different in a promiſe or an offer, Theſe arg 


+» „ „„ + vw IS. 


monolateral obligations, and do not require both parties 
to bind themſelves. -/If a man makes a promiſe or an 
offer to another; it is-ſufficient-that the other accepts 9 

ſues upon it. In ſuch caſes, if the promiſe or offer 


# 


is abſolute, the perſon who makes it has no Ife pats 
tenti.-. , The preſent caſe is certainly à mutual contract. 
It is neither an offer nor a promiſe, becauſe the deſen- 
der binds and obliges himſelf to ſell his lands for a cer- 
tain price ;. and there are preſtations on the other hand 
incumbent upon the purſuer. Inſtead of entering into a. 
minute of ſale, which is the r the parties 
agreed to exchange miſſives. The defender fublcribed 
and delivered his ; but as Fulton never ſubſcribed any on 
his part, it is impoſſible that the defender can be bound. 
To this purpoſe the Court decidedin the following caſes; 
16. December 1626, Byres contra Johnſton; 28. Ja- 

mary ide: Nantgomety contra Brown; and 6. Janua- 
ry 1727,., Hope contra Cleghorn.. Auſwered for Fulton: 

If any perſon binds himſelf to pay or pert, upon ano 
ther perſen 8 likewiſe performing, this is a mutual con · 

tract; and if that other perſon is bound to perform, the 

agreement is n In the preſent caſe the defen- 

der is bound to ſell, and the purſuer to pay a certain 
price." This obligation was delivered and accepted of; 
and as the purſuer inſiſts for implement, he is undoubted- 

ly bound; and therefore the mutual contract is complete. 
There is no doubt chat a verbal acceptance of an offer 
to ſell is ſufficient to bind the offerer. This was deter- 
mined in the caſe of Lord Kilkerran againſt Pate 


* 


23. November 1748 and 23. DOSE Lot Lge 
hart of Carnwath againſt Baillie of Walſton. pre- 
ſent caſe is ſtronger than either; becauſe the defender 
not only offers, hut expreſsly binds and obliges himſelf to 
fell. The ,caſe Byres contra Johnſton, is not in point: 
becauſe there the letter was not delivered; and it ap- 
pears that this was the reaſon of the deciſion.. In the 
tale Montgomery contra Brown, the words of the _ 
x—: ve 


pond K to ſe a the ver. was. b 
4 EL puſs which. he. 2 The 


| Lords tuſtained- the defence, and, affoilzied.. 
Fac. Col, vol. II. p. 47. ages 26: Feb. 1751. 
A'SINILAR ju it was afterwards. 3b * caſe 
MKenzie and Lawſon contra Park. One of the parties 
rl beer and ſubſcribed an an pI: an heri- 
ect from, the other, upon ce terms, and the 
other 155 ſubſcribed a Written acceptance, , and 17 
1 the offer, but neither of which, was mee pe of 
Him, or formally atteſted, tho there were witnelll 
25 and ſigning ; and he r refiled, * 
: b bo. in a Teebeeß againſt him for implement, '« Found 
| cc, the miſſive and. acceptance not probative, andt therefore 
r affvilzied the defender and this, abo be did not 
deny his ſubſcri ian, the 8 having t 


rat og re, 


| ee tr Je ton bea. * 
e. id T 1 git 


MA N 5 


12 Los 28 855 155 75 


7 


ming; 4 way em. 
1 9 5 be bo deſigned for. a mans. Had 


20. 


F 3. FR. BREESSY AN 


=? 


ESETERS 


BH 


». 4 * : 
* * 2 * 
. 2 bp <A 
— 4 - 
o 


4 


M AN $ K. 459 


20. June t6os, Marſhall ——Found, That altho' the moſt 
ew:ſ} kirk-lands, Where there was no glebe before, 
might be deſigned ; yet that the houſes upon that kirk- 
land could not be-claimed by the miniſter, if theſe houſes 
never belonged-to any incumbent before, becauſe there 
was no foun ation in any ltsune for ſuch a demand; and 
therefore that the miniſter had nothing left but either to 
deal with the pariſh to build him a manſe, or ſue them 
for the fame; or build it. himſelf, the 1 whereof 
would be refunded td Ws Executors b next intrant, 
conform to - the act of Parl. Dur. 11. Feb. 1631, Mini- 
ſter fy wo | | 3 br brite 
IN a ſuſpenſion of a oretbytery's ecree for 
a a or LW found, con +. viz. Furmof ef e 
Imo, 21. 1 3, the mi- orm of deſign» © 
niſter and 4 — men 3 tho the mg 1 
heritqrs he abſent or withdraw, being cit. 
ed, the 'miiniſter having no other. compulſſtor. to bring 
them, except! an intimation, from the pulpit the Lord? 
— prece de l but that the tradefmen being merely 
H not ly that Clauſe of the act, re- 
wire two or three of the moſt diſcreet men in the 
pariſh to be alſo erster to aſſiſt an ew of of the tradeſ- 
mens ſchemes wy eſtimates, as th br muſt be over 
and above the tradeſmen themſelves, who would be very 
unfit to reſtrict and Iimir their own Work. 24%, They 
found, That the miniſters 4d Gig law, arè impowered to 
rroceed to aidate the price K the manſe, 
not N 'x000 Scots, aui likewiſe to chooſe the 
moſt convenient place for its ſituation near the church, 
with a ſuitable Hebes and graſs or foggage for his verry | 
and cows,. and alſo to caſt and proportion the ſum li | 
dated upon the herifors, and to name a factor or ob | 


lector for Re and debuiſing nl a oe They found, 


15 «hs 1p 1 81 7 real rent 
ch would long probation, and oc- 
eꝛſion many Tear ei an 151 bat c. e Yalued rent extracted 

out of the Le 0, Ag found, That tho ſome 


of the heritors 1. 7055 dead, and others had ad rey 
& Vor. I 4 IS parliament,” 27 chat .this would not | 
Vor. n _ "precels 


470 M* A N S K. 
proceſs as to others. Forb. — Fount. 31-Jan-14 712 


Steel. 1 7 HHR 
. TITU LARS. « or tackſmen of da are not andecel 
| with reparation of manſes. Stair, 6, Jan. 
Who nab, 1663, Relict of Swinton. The heruors 
build and re- are bound to build the manſe, aud liferent- - 
pair? ers are free of any burden upon that ac- 
count. Stair, Fount, 14. Nov. 167% Mi- 
niſter of Morham. The Lor gif und a. burgh liable 
for reparation of the miniſter ) Manſe, altho' it was a 
burgh-royal, betauſe it had a manſe-and glebe, and land- 
wart pariſh, and ſo fell not under the, act 41. parl. 1664. 
Fount. 25. March 1685, Williamſon. In be: at the 
inſtance of the firſt Miniſter of Kirkaldy againſt the heri- b 
tors of the pariſn of Abbotſhall that had 725 er | Bl 
from Kirkaldy for a proportion of the expence 0 repair · FE 
ing his manſe, upon this ground, That the pyrſuer;s ſti · pl 
pend is wholly paid out of; the teindg of . Abbqy ſhall, of it 
which the defenders are titulars, nd that u alſo oy 
muſt the burden of the mayſe li hos the def dane d fon pz 
not liable for reparation of the magſe, hay P3 
of their own pariſh to ſupport, Harc. ney. ard wt 
1685, Miniſter of Kir aldy.— The repair 8 .of the FR 
manſe during the vacancy, is a, real burden affecting all a 
vacant ſlipends by the act 21, parl. 1663, znd the manſe 17 
mult be repaired out of the ſame, the Wen ea .praving ah 
that it was a ſofßcient 1200 at the 9 e 
cowbent. Fount. 6. Dec, 1595. | 5 ln a quel- I 
ion upon the act 21, parl. 1663 # 92 55 d, Thaf vas 
cant ſtipends might be A by. the h 15 — to Bs, te- 
pairing of the manſe, but not to ke ng of, the ſame, 500 
where it is totall ruipous. 6 Dec. 17 5 Monerief. — © 
v 


The thatch roof of a manſe, having, ring a Vacancy, pai 
ſuffered conſiderably by, win $3 the, heritors agreed to give . 
it a ſlate roof. The heli rene 1 raving r rention pf. a a year's W 
vacant flipend to deffay expence e of 72 70 paration up- 

on the act 1663, 1 it endl fond, That hey.coul d not crave 
retention, in ſo far as'th thanſe v was = eliorared, but only 
for needful repdirs'of JeteEoratiohs 1 8 dein th he 
vacancy ; and becauſe the limits between 55 e 1wo were 


| difficult to be made out a a proof, the Lords, a at a ſlump, 
Aecerne 


"SE 


3 
* 
i 


7 


oa” 


. 
4 
r 


+ © I + 3 w 


decerned for a third part of thes- * vacant de 
27. Feb. 1734, King's College of Aberdeen. 
As to bygones fince the miniſter's admiſſion, and il 
his manſe be built, it: was found; that be 
had a- good cim, for us mach as he had "Miniſter's ? 
paid bonſezrent,” againſt the heritors. claim or 
Forb: 297 Fount. 31. Jah. 17 1, Steel. borſe rent. 
The Lords found, Phat A miniſter's proving | 


his bet 118 in uſe to receive from the pariſh a ſam of money - 


ſor houfe- rent in lieu of his manſe tcr mere than; thirteen 
years, did ſubject ihe pariſh in payment of bygones, and 


in time coming. Bruce a. Jan. 1715, Ferguſſon. *»- 
THE Manſe of Kilwinning n ropaits, the you : 


bytery of Irvine impaſed à ſtent on the 
heritors, for-repairing:the — rey Leter deviſe ., 


mains, one of the heritors, ſuſpended the en. 
preibytety's decree: For the ſuſpender, 

it was obſerved, That at the tranſportation of the 9 
miniſter in the year 1718, he was burdened with the 
payment of L. 3:11: O0 Scots at his removal; and, upon 
payment thereof, the preſbytery declared it ſufficient, 
which they never would have — if it had not been 
declared a ſufficient Manſe at his entry, altho the ſuſpend- 
er could bring no direct proof thereof: That in March 
1721, the day before Mr Ferguſſon the preſent Adern 
ordination; ſworn viſirors were appointed by the pr 

tery to viſit it, who reported, that it would take L. 7 
Scots to repair it: That upon this, they applied to the 
patron fore his aſfiſtance, who' had three years vacant ſti- 
pend in his hands, and who had accordingly laid out a- 
bove L. 500 Scots on repairs: That in point cf law, it 


was a natural burden on every poſſeſſor to nphold and re- : 


Pair the houfe he dwells in, where there was no paction 
to the contrary ; witneſs the caſe of liferenters and te- 


nants, which behoved to hold equally in the caſe of mini- 


ſters. 240, That the ſtatute law. went on that plan, as 
appeared from the 21. act parl. 1663, which declared, 
© That manſes, being once built and repaired, ſhall be 
* upholden by the incumbent miniſter during his Foſſeſ- 
* ſion, and by the heritors in time of vacance, out orf 
* the vacant mt Ripend. 'K From which it was plain, that 
r 2 it 


* 


472 MAS 


if the vacant ſtipend was paid to the patron, the repara- 
tions reſted on him. In ſhort, that the miniſter ought 
always to repair the manſe during his incumbency, and 
the patron during the vacancy, until it was ſo deterjora- 
ted by time, as to make it neceſſary to rebuild it, which, 
no doubt, Was a burden on the heritors. That as the 
manſe was declared, or ſuppoſed to be ſufficient on pay- 
ing L. 3 at . removal of _ former miniſter, and that 
the patron laid out a great on it during the vacancy, 
Mr Ferguſſon, the 2 miniſter, ought to upholdit.— 
Anſwered for the charger, who was eollector — 
by the reſt of the heritors, That the ſuſpender's fon was 
preſent at the viſitation for his father, when be not only 
made no oppoſition, but even approved of the ſtent im- 


poſed on the heritors by the decree,. as did all the reſt 


of the heritors; which was a ſufficient anſwer of itſelf 
to the defences againſt the ſtent's taking effect. And, with 
| reſpect to the of law, it was allowed, that a 
manſe ought to be kept in repair during the vacancy, out 
of the vacant ſtipends ; but, during the incumbency, the 
miniſter was not otherways liable, than in the caſe where 
he gets it in a ſufficient condition; and where it is ſo de- 
clared by an act of the er e That it was true, 
that by the clauſe of the act 1663, above quoted, the he · 
ritors behoved to give the miniſter a ſufficient manſe at 
His entry; and cuſtom, which was the beſt interpreter 
of laws, had always conſtructed it ſo as it ſhould not 
be ſufficient at his entry, but that it ſhould be fo dec 
Nor could the ſpecial circumſtances condeſcended on, vary 
the queſtion; for a. manſe might be repaired twenty 
times, and yet, after all, never be a tufficient fwuſle, 
which was really the caſe of the preſent one The 
Lords, in reſpect the ſuſpender's ſou was preſent, without 
objecting to the decree, found the letters orderly pro- 
ceeded. Home, p. 371. Logan, Feb. 18, 1743. 
IF the claim for reparation: be good againſt ſingular ſur- 


eefſors. See Perſonal and real. 


s - 6 
3 of 


1 M A. R- 


- 


GG.... sS cm ic 


g 


CG» 


% 


AS SSA OOaRhRyYy  FERDTSSDL BA. 


"Ons 7; 


. . 9 a 2 ** 
Ain 


NIE! „eK, avail ol 


an ade for the double avail; the Lords foundn no 
proceſs, beeauſe the purſuer appeared 1 
not at the day, nor preſented the gentle- Form of 15. 
woman; notwithſtanding the defender; r ng 
at the time of aſſigning the diet, did not 
anfwer thit he Would come. "Hopes, FMerriage, 85 26 A 
July 1676, Angus. —— 

THE Lords found à requiſitice not valid. to infer the 
double-avail, bycanſe the inſtrument: bore not; That the 
donatar requiring had the giſt in his hand, or ſhewed or 
exhibited the ſame; ' without which ie could ndt appear. 


that he had power 'torequite #7/alth&! it was offered to 


be proved by the-witneſfes inſerted That the giſt was 
really exhibited and ſhown. Dur. 3. Hadd. 4. July 1622, 


French t: in an' action for the — and double 


vail of a marriage, the Lords found, That it was not 
neceſſary: for the purſuer's procurator, who was to make 
tne requiſition, ito ſnew his procuratory at the time of 

making che. ſaid requiſition, unleſs the defender had. re- 
quired to ſee it. Spot. enn Dac-8. rere. Kere 

iothes, ..... 6 

A REQU ISITION was found invalid, — the par- 
ty was required to come and confer about the marriage to 
the donatar'siown lodging in Edinburgh, and not to fome 
church, tolbooth, &. or ny common unſuſpected park 
Dur. 3. Hadd. 4. July 1622, French, c. 

A REQUISITION was ſuſta ined, which bore, « That 
«© the defender was. deſired to. come and treat with the 
party offered; altho' it carried no ſpecial day on 
which he was deſied to come, ſeeing the day was ſpe- 
cial in the inſttumentz Which day the Lords found' the 
ſuperior might. appomt2to>the vaſſal, and needed not 
require the 1 Dur. 8. March 162 
Ie M 5 

IT was foun d not 3 That che party offered | 
ſhould have. Jechren he ent to the day prefixed for 
the ie marriage, nor that the inſtrument needed to bear - 


474 MARRIAGE, avail of. 


the ſame, finee it bore, That ſhe was thew; eſentin the 
church to have completed the n « 8. March 
1627, Rothes. 
DOUBLE avail not payable til} the watd-valſat be 
married. Hope, (Marriage) 21. Jan. | 
Double avail, 1618.— The Lords found, That no-exe- | 
at 'what time cution can paſs for the donble-avail, ſo i 
due. long as the heir -· female is unmarried, the c 
finding caution to pay, if ſhe marry. t 
f 
a 


Hadd. 27. Jan. 1610, Kilbirnie.=— Found, That altho 
the vaſlal was not yet married, the double ought to be 
decerned for, only they ſuperſeded execution for it, un- 
til it ſhould fall by the vaſſal's marriage ; becauſe, ſo long 
as he remained unmarried, there was no contempt a- 
gainſt the ſuperior imputable to him. Dur. g. March 
1627, Rothes . Purſuit fo the double avail. - Stair, 
22. Feb. 1678, Drummond. 
THE Lords found, That the Angie 3 be de · 
manded, till the heir be entered, if be 
Single avail, be minor, becauſe he may deceaſe before 
at what time the -iſh of the ward. Balf. Marriage 
due. | 16. March 1540, Hamilton. Found, 
That women minors are nat liable for the 
avails of their marriages till they be 14 „ yingy Hadd. 
27. Jan. — penn 2 the ſu· 
rior has not right to his apparent s marriage; 
F he be marria — and 1 nt — 
the marriage of his apparent heir, being 
& ſic vn how many foever they be, tho' neither 
they nor any of them be entered to the knds, and tho 
they die before majority. Hadd. 4. Joly 26235" Tenn, 
lands. 
SINGLE avail found 2 contratiu ! — Tum 
a CE for —— . to aſſe che ſuperior' 
If ue, mice Goef, Dirl. 3. Jan. 2677; 
the ſuperior Arg pm — thereaſter altered, 
conſents tathe it was found, That the ſuperior, ha- 
marriage. ving conſented to the marriage, couldnt 
claim this e Dirl. 23. m 4079 


inter cofd. ES 


ie 
h 
Je 
n. 
e- 
ſo 
he 
— 
10 
be 
IN. 
ng 
a- 
ch 
ir, 
de · 


\ 


_ Manrklasce, avail of. — = 


THE fſuperior's conſent to the vaſlal's marriage by be · 
ing a witneſs in the contract, excludes him Conſent how 
not from the ſingle avail of marriage. Stair, inferred," * 
25. Feb. 166 a, Arbuthnot,-----A ward va. 
ſal „ Lounge his ſuperior, that he was to mar- 
ry with ſuch a yaung lady, Whom he named; and the 
ſuperior having returned an anſwer by a letter, That he 
could not but approve of his matching in that family, and 
that if they did marry, he wiſhed them well; the Lords 
found that this letter imported his conſent to the marri—- 
age. Dirl. 23. Jan. 1677, Argyle. plies ig 
_ ANheir-fe having a match offered to her without 
diſparage, and refuling, was yet allowed 1 1 45 
to accept at the bar, a long while there - Refuſal, if 
after, when ſued for the avail, and ſo. purgeable. 
aſſoikied. Malt: „ „„ Or.. gt gh 
dee. Found, That he who refuſes an offer of -mar- 
riage, cannot be heard thereafter to accept the ſame. 
Colv. 14. March 1579, Tullibardin,——Mait. 1. 91. 
1568, Crighton. Hope, (Marriage) 26. July 1616, 
Drummond. In a proceſs for the ſingle, and alſo for the 
double avail of a-man's marriage, becauſe of a lawful 
offer of a party without diſparage, which was refuſed ; 
the Lords, upon the man's offer at the bar yet to ſolem- 
nize, ordained both parties to meet at ſuch a church, on 
ſuch a day, and there complete the marriage, with cer- 
tification, if he failed, they would ed to do jnſtice 
x effeirs. Nicolſon ? Marriage] uit. July 1611, Home. 
Found, That an heir may purge his refuſal of the 
alfer made ta him, by accepting of the match. when he 
is ſued for the ſingle. avail. Obſerved. by Hope, who 
adds, That the contrary was alſo found. 
AN offer, of a woman in marriage being made by a do- 


natar, which wma (tho! otherwile. equal) 
was lame and blind of an eye; the Lords Parage and 
found that /\to, be - a relevant; exception. diſparage—.. 
cel. Jan. 4% Pound. 
That it was ng diſparagement, tho”. the perſon offered had 
bomeans at all; and that, in general, diſparagement con- 
ited not in means, but in blood or bodily defects, or 
great inequality of years. Dur. 3. Hadd. 4. Joly gs 

| French, 


ws Mari 0 ele 


French, &c.Nait. 1. July 1568, Onichtbn add. 
27. Jan. 1610, Kilbirnie- EN e 
THE donatar of marriage making offer of aff igree- 
ble party, his offer is not obeyed; unleſs 
Suitable j . the vaſſal conſent to give a oonjunct - ſes 
tue. . equivalent to the third of , Bing, and 
„ ſecure the ſume by contract of n inge. 
Hadd. 25 Han, 16 rx; Stirling ne tn 
71 THE" more ahfient fuperior'is preferred. in-the avail 
of the vaſſabs Stafe,/ _ 
iT bad: 26. June 1692, Dessen 
fuperions does: ſal holding ward da of a ject, where. 
the caſualty in the marriage was taxed; and holt 
accrus. other lands ef the cron „the. lng as S0 
ſiound to have right'& the avail off mar- WM thi 
riage, as the greateſt ſuperior, and thei ſubject ſuperior ria 
was excluded, tho? the marriage was taxed; for taxed Jul 
marriage is only an agreement to pay a certain ſum eve- MW 1 
ry time the caſuahy of marriage falls due, inſtead of WW cel 
the uncertain avail, which is in proportion to the vaſſal's Lo; 
eſtate. Stair,” 19. July 1672, Argyle.— A ſubject ſu- 300 
perior of ward lands in Scotland, was found not pre- ¶ ria 
judged of the benefit of mme marriage; tho the fame vaſ- ren 
fal held ward lands of the king in England or Ireland ; bis 
and in the modification of the avail of the marriage, no im 
conſiderat ion was had, unleſs of the lands within this mat 
kingdom.  Gosf, 28. June 1672, Eglinton; ——A-yalla} Bl ma 
holding tax ward of the king, and ſimple ward: of the Kin 
prince, pleaded that he was only due his. taxed mar- 
riage, the king excluding all other ſuper ĩora 5 war 
anſwered, Tbat while there is no prince exiſting, — 
rincipali of Scotland belongs to the: jure prop 
ad tho ne raay exclude — ſuperio fe — 
not himſelf. It was found, Abe the: i the king had 
me ſunple marriage Holden. of kim 'as prince 7 Skill 
there is no prince exiſting. Stair, 9. Jan. £696; Pur vis. 
SINGLE avail is eſtimated at three years rent, double 
auvail at ſi years rent. Hadd: 29. June 
| Modification 1622, - — — The Lords found, 
92 the e That the avail is to be conſidered accord - 
| * the rental of the minot & free liv4 
> ing, 


. S S T Frgr gs 


= 
— 


g. = 


we * 


Them? 


XA Bog HS 


MARRTAGE, availof, 477 


ing, ag the relict's terce and conjunct-ſee, but 
ae el ito lent: as wil av tn 


hold ward, are to be computed, and that according to 


the profit _ may yield, and not as: they are preſent- 


ent rent found to he the rule. Feb. 2604, 
Lord Privy Seal. — In a declarator of ſingle avail of 
marriage, the, modiſieation is to be made with regard 
to the hail eſtate, real and perſonal, whether it hold of 
that ſuperior: or of others: And, on the other hand, the 
whole debts perſonal and real, whether confirmed by 
that ſuperiar:or not, are to be deduced, and the modi- 
fication is to be of the free eſtate. Dur. 19. June 1630, 
Somervell.— Avail of marriage modified to a leſs fur 
than the rent of the lands, becauſe many heirs mar- 
riages were granted together of that land. Hadd. 25. 
July 1622, Frenchlands. ( Modification of the avail of 
marriage.) Stair, 14. June 1673, Gibſon. A pro- 
cels for the ſingle avail of a marriage being raiſed, the 
Lords modified ooo merke, the rents of the land being 
3000; and it Was that the avail of the mar- 
riage ſhould be, in all caſes of that nature, three years 
rent. Dirk 12. Dec. 1674, Mowbray.-—-One holding 
his eſtate of the crown, partly. taxt ward, and partly 
ſimple ward, was found- liable for the full avail of the 
marriage, allowing in the accompt L. 000 for the taxt 
marriage of the taxt ward. Stair, 18. Feb. 1675, 
King's advocate. Fhe heir is only liable for the avail 
of his marriage, eſfeiring to the eſtate he from his 
predeceſſor, without ring the value of his tocher. 
Stair, 5. Jan. 1681, Dun.— In a declarator of the 
caſualty of marriage,' the Lords modified two full years 
free rent of the Hands, but refuſed to have any conſide · 
ration of the tocher received by the vaſſal as a part of 
the eſtate, in valuing the apparent heir's marriage, be- 
cauſe it was liferented by the relict. Fount. 7. Nov. 
ot, Baird. 4 1 | 25 
IN a ſuit for the ſingle avail of marriage, it was ſound 
relevant, that the marriage was done | 
when the father was moribundus with Fraudulent 
out proclamation, to preſume that it _ marriage, in 
1. e 


48 MEDITATIO-FUG K. 


done fraudulently to exelude the kirip from 
his caſualty, which muft make the d 


order to diſap- 


point the ca- efen⸗ 


funhy.. der equally liable, as if the — had 
truly been celebrated after his predecef- 
6 death; * - Balf. (Marriage) 7. March 1 $88." The 
King. ——Hadd. 20. Feb. 1606, wan, e gf —— 
Stair, 20. Feb. 1667, Lord Treaſure 
THE ground may not only be poinded for eren of 
mamarriage, but the vaſſal Was allo found 
Perina ac- perſonally liable. : Stair, 25. Feb. 2 
tion 422 74 „ Arbuthnots. An apparent heir, tho 
vent. married, was found. not perionally liable 
90 for the avall of his marriage, not having 
— 1 into reader of _ rarer 8 eſtate: Starr, 
* _ arab 4 Dun. * 25 ur ie at 12 5 


> ** 8 = 1 


MEDITATIO' Fuck. 


k * 1 9125 
1 * 


"HE Cork were unanimous, That u upon ee 
to any / inferior: magiſtrate, 4 debtor ſub medita- 
re, ant far . tione: Jab, wy be fummarily incarcera- 
Jummary 5 June 1727, Barrows 
carceration field. Tho' it bad been found. that a 
who way 2 baron bailie has not the power of ſum- 
the the fn mary | incarceration... Stair, . 18. Jan. 
y 7 1678, Neilſon. 0 1 ; - 363 $12 — * 4 

A BILL being given in by perſons of quality, repre- 
enting, That a writer to the fignet had 

divers of their papers, and ſome' of their 
money in his hands, and was abſconding, 
and in zeditatione* fugæ ; the Lords 
granted a ſummary warrant to appreherd 
him, not to be put in priſon, but brought 
before the Ordinary on the bills, who 

was to examine him, and, if he found ground, was ei 
ther to put him under caution for his appearance, or to 
commit him to priſon, he being a member of che Col. 
lege of Juſtice. Fount. 21. Feds I 700, Strathmore, boy” 


7 3 1 8 


If fuch war. 
_ rants are 
granted by the 
Court of Seſ= 


205 


whe 
title, 
to tr 


p. 18 


AS 


ME DITATIO FUGEA 4 


A PARTY craving by bill a warrant to oh his own 
ſalt, which another was tranſporting be- 
yond ſeas, the Lords found it not in hel Goods realy 


mY er to, grant ſuch ſummary, execution t be tranſ- 


ainſt one who was not a bankrupt, but ported out of 
er, the petitioner to the admiral, the kingdom. 
who would ſummarily arreſt the ſhip. 
Fount. 11. Nov. 1680, Cornwall. 

THE following defences being LES by a cauti- 
oner, That the debt was paid by the 
principal, and the inſtruct ions thereof Witneſs 
found among his apers, . .and given back ſub medita- 
to the creditors eir for a piece of mo- tione. 
ney ; and that one man being concerned 


in this myſtery, who was cited by a firſt diligence not 


yet expired, and a ſummary warrant being craved to 


apprehend him, becauſe he was not only dealt with to 


ableond, but to retire out, of the kingdom, whereby 
their mean of probation might be for ever loſt ;; an 
that if the bill was given out 19 ſee, and anſwer, that i in- 
timation would make him j antly Ay; the, Lords, in 
reſpect of the 27 of this cale, Zranted a ſumma- 
ry rs woo to apprehend him. Fount, 3. Jan. 1 700, 
Watſon. _ 

A MERCHANT having unexpectedly broke and fied, 
his creditors gave in a ſupplicat ion to tũe 
Lords, bearing, That he was a fraudu- Summary 
lent bankrupt, and that, being ſub medi. warrant: to. 
taticne fugæ, he retained the price of the apprehend a. 
goods that he had { ſold in his hand, and bankrupt who 
therefore craving warrant. to ſecure his i, fled. 
goods, and apprehend his perſon wherever , 
the ſame could be found, until the matter was heard hd 
ſame was granted. 6 55 Noy. 1665, Creditors of 


AN officer in the army, who was a burgels of Edin- 
burgh, and had the gre; debt during a Later deci- 
reſidence of ſom continuance there, be- x 1 
ing apprehende on a ſummary warrant, 1 fon. | 
when he intended to go to his regiment, was found en- 
titled to damages againſt the obtainer, who, was in uſe 
to truſt him an re partial payments. Falc. vol. 1. 

P. 18, ; Scot, -Dec. 7. 1744- 


MEMBER. 


| SF | „ +,C4 3 7 pg 

1 4 * & 5 8 F 
FF L 480 7 e | 
3 441451 4% 


MEMBER or PARLIAMENT. F 


x 


* 171 11 * . ; at; x d.- 


F MEMBER of the Houſe of Lorch 'bavin ring been! ſued 1 
in a roceſs, an now that he was ac ſexving 
r at London in that quaßty, cee By 
Privileges. bog: directed thither,! 75 "the Aefire of 
his own' advocate, for taking bis oath of 
on ſome points of the "libel; which was, 12 7 


2 the term thereupon circumdiiced ; as 
alledging his exemption” from 1 LE: ; any of 
oo while a member of portant, 'the 1. 5 refuſed 5 


to repone him now after e Fat rg Wc oped or 
extracting the decree of circumdp& four mon ks of 
that in the mean time he might Git 1 1 at ae, 
or upon a commiſſion if he Pleaſed; and Ma * 
the looſing of the circumdyttion mig t have lolt'the pur 
ſuer his only mean of probatſon, if the defender 1 
died in the interim; by which ch mere ament. the Lords * 
un' d the deciding, whether ſuch rs had the pri 


vilege of not be in obiged fo nfy T ny 8 1708 rn E cen 7 


* cauſa. int. Forb deb. 17 
A PROCESS: againſt one wh as actually 1 5 in ule 
parliament, 675 given out 0 I racks to ſee, but c 


iven back without writing a return on it, ſo 
Ha it K 4 be inrolled; and, he be Ha | ir required un. the 
er form of inſtrument, an my ＋ ie, wi to 1 
conftituent's privilege, 'the Lords, on th hi 
tion, found this defence not receiyable 15 115 | tot 
the privilege e could not extend to 169 
fore 5 — the cauſe to he ede of the. 28. 
inſtrum ent. Fount. 6. Jan. 1709, A 
when 1 7 cauſe” came in by courſe 1 8 ter th in a 
parliament was up, the Lords formd , t aun got 
muſt be given out to be ſeen, aud entoled led again n cove BY |, 
mon form, becanſe the 12 and 1, William I Accu „aud 
doth et diſtin fe ene — | 79 171, 
and ein cauſa. 522. e 1.7 T 
'THE Lords fi Mee proces aghnſt« OE 1 1 Me 
ment, was not yet atteridji | 


W 


MEMBER or PARLIAMENT. 4t. 


vilege, and repreſented that he was going to atzend it. 
Fort 15. Nov. 4 709,, Livingſton. - 

THE rm; allowed a member of parliament to claim : 
his privilege in ſtopping further proceſs againſt him, al- 

tho be had ſiſted Hime in initio litis, and proponed pe- 
remptory defences, without founding on 'the Privilege. 
Forb. 17. Feb. 1710, Bruce. | 

A PARTY : who had obtained A of the Lords, 
of ſeſſion to be reverſed in the houſe of peers, with a re- 
mit to the Lords to tax his expences; and the other par- 
ty founding, on his privilege as a member of parliament, 
and this being allowed by the Lords, tho the parliament 
was not _ down; the laintiff applied to the Lore 
of peers by a ſummary complaint, ho ae the 
Tln Auburn to tax his expences, and direct 
payment thereof; and he now craving by bill, that their 
Lordſhips might do ſo, the Lords found, by this 
ordinance the peers had laid aſide the Lofender” 8 privi- | 
lege of parliament as not competent in this caſe; and 
therefore appointed him ſammarily to anſwer. Fount. > 
25. Forb. 26. June 1712, Kehnedy ſupplicant. 

THE Lords allowed a creditor to rale, ue uſe, execute, 
and regifter-inhibition without arreſtment; and to raiſe 
uſe, and execute adjudication, and to call the ſame againſt 
a cautioner, tho a peer of 2 — reſerving to the 
cautioner to. propone g act or decree = 
thereupon; and their s alſo allowed the creditor 
to raiſe eras PSs ing or arreſtment, and to 
charge thereupon, ad hunc effectum, only to intitle him 
to the benefit of the diligence mentioned in the act g. parl. 
1695, touching principal and cautioners, - Foth, - b. 
28. Nov. 1713, Middleton, &c. fupplicants. 2: +16 7 

A MEMBER of parliament compe "gary + by his lawye 
in a ranking of creditors, who produced his Kong ku 8 
got him a . Hp in the ranking; he was found excluded, 
by the defence of res judicata, from. quarrelling by ge- 
duction the decree of ranking... Forb. MS. 1. "260 Jag 
17¹ 4, Lockhart. B- þ 

THE Lords found, That bonds wherein members. of | 
parliament are co-obligants, may be regiſtred,_ in com- 
mon form. Forb. MS. 2. 1. July 1714. 


Veri. IIIOOIY -< > 4s 


-— 


42 II E S 8 E N G ER 


IT was found, That heritors and liferenters holding 
of the King's vaſſak,. ought not to contri- 

Fes of com- büte with theſs their ade ſuperiors 
miſſioners to for the fees of commilfioners ta the parlia- 
parliament; ment, ſeeing agg] BO: Vore; in the e- 
why habe ? , lectign, uld be a8 free as . Rs 


oft * 2 5 f 4 ; 4 ) 4 * % : 5 ; 4 4 : g x — F — >} 4+? 

the ee in the late act | 7 

0 1 i i =o ? f ' | 4 z 9 7 I 75 * 1 

9 22 1 75 * A 75 © , 7 FOR. E a 
2 *S 7 3 BIS: * TY; 14 24 2 C4 


btor without t 3 
9 the meſſenger ob 
| iſed, e 


Rival TRENT, i Eee 9 65 
oy 3 4 — Wee 1 burif 


cater Deoifonc: Lage, ee to.gomplain. 
p. 84. Lindſay, Cc. . 1744. 


0 
It 
t 
d 
e 
tl 
d 
P 


- »» BY 0 TY we» ©. 


p. — Cp Joly 8. _ 


N a, hecial f: 
Pertiment). J. Fe 


b; 
* 

2 

* 
Jo 

3 
e 
4 
* 
57 
* 
oP 
m 
07 
er 
N- 
er 
i 
* 
95 

rd 
dir 
7 : 
JE 


% 


* r v 
19 dM; 16 
4 * 


41. 1 43 


s to ſerve within the ſhire 
y ſtature limited noe comprebende 


e | 
4 to chem ag Rt vi the r Was employ- 
ed—liable for han in TEE gar free tho 
the commiffion'was not recorded-—nor tho che L 
dead or th; Wins! ef "WE nafratGans” Fac. 


5 
1. 70 15 *. 


Lg rr ah 


8 t.. Hen. 1 
art and Amill dass not 
. Fleeming. . 2 ps part 
as 3 pertinent, dut muſt 4 and pertinent. 
ip 44D where it is built | 
the pb Been to him, nam 
ſolo 5 terre —_— infeft in lands, up- 
', 


* meer built, ] es po 


- 
4 ue 


K hands: HEE! 
pci of q 


; 'F 


n 


Lords e 85 yo the rang, 
de duft N did thirt a aty other Lands theres, be- 
ſides the UTE ng, ſhe was deport no _— there 55 


barony, which is eee, e 14 ratir, n 


lands, RE be 2 
maln & wut, e ah 


grind ut Bis Sw” auf PETE: . 
8 came 


7 - 


r 


MH xniitr's Sr 
"came voluntarily: för e 8 judy ec Thatine} 


& jure, tho” he be not expfeſthy ted or} rohſþited 
in bis charter und therefore ördamed the 4 belle i | 
moliſned. Fount. 28. Feb, 168%. DowNl:The 


like; Fount, ait. 
Sos CHARTER Santed 
25 this clauſe, Uno cum meſendinit & cateris 


1870 e wa . e 


a fun ih conſirmed by River: | 

Bana later charters, beſides ſundry acts of th . 

towyn- court ſor 150 years paſt}*was ſoinjl t 

to conſtitute a thirlage upon the 'imhahitants, and of con- — 

| ſequence to 1 4 the brewers from Rand- mils f 

for grinding e 1 

common . of liberty, and on thei I 
hier was only watthing' raged avheding 

found incumbent on the wn v 

0 ie their thirlage from tie negative 2 

| r TO 20. Deo. 110% Town of Zia 

durgls- x . % N 2 ile 10% fo 

01 % 10 1 1 eee eee tru 13 

h . AND ie Ze Arbe th 

| Flat | M Th: | 185 21395 1 do ti 

| kay dun es 1 

bu 

la 

. RE TP4 3 * tut 


3 pa 1 Ws N 'Y "Ip 41 1 SH * bis 
+4 Lots pl 151 % % —_— _ 

ONEY for 4 miniſter's graſa was-alkicated an the 

4 L) whole. herirom of the parity - Felde v. e p. 36. 
re „. 1. $4,350 eee h M. wldnts 
HORNING hear ing do be on deertee of locality, 
was « fo + fr title in a miniſter. Tale. n. 
"Ds: miſon, c. a3. 1743. 75 553 44 5386 Tt © 
1 MINISTER. of = goal burgh, who: had agreed to 
take L. 40 Scots fbr houſe rent Ma found nds; Þnritied)to 
Rae gent Fale. v. 2. p. 169, Thoufen, u 304 % 550. 
IT was found; that there Wies no of third: mini · 
Ker in a town of Perth, nor. int Linlahgom. 
b . 2. P · whe 5 — . 


7 


5 7 * 


- [cetptetetar | 
5 Somervell. - 
EE 175 4 
40 l 


1577, 1 — minor at che oel being yr 


ae rns 


ei, 

5 

15 

105 

1 . — een e 

the TEL diver andTirtforito * | 
A le of imrothiion > 'altho* it Wa N. 7 
ity, veiled} tharvehs writs were = E | 
— Lal HireutheF I! hi Lan 


out an meident ty 
libolleth nnd tlie 
19 of nete 


% 


* 12 
2 3 we 


a. =,» 


founid,: That all aft fourteen muſt give their 
oaths in ſuch par mpeg, Held as confelled) Dur- 
June 268. The like; Hal. 106. Nan. 


155 3, Maitland, A minor war · alie· 
nation of lands, altho* — iven his == 
come''in the conrafy.- & /Barnbu- 
N — — | ang 
to ex reduction un | 
10. Feb. 1592, 3 

dington; till tuck eee N 


15 7 L . 
2 ee 
„ noithey : 


* 8 Nee 


nt Tutors | 885 i Ro 
TT: pas dend, That ia boy { pubertati 
If « miner. . ant be wits 


2 be 7 . nas nels „ 


15 Colv. Home 
Tine of 2 miner —_ CHAO 


; N. arb, 50 rg Hier do domes bugs. 1 May 
1558, Diſhin gt . * iſpenſe with 
leis age 'off a tutor in law ; may a © 
— | 4s >the "ach 67. | 
Tue, 1548, Hewrglo 
NE —— 
@-Nea E be 
and the minor — c to lobia his 
on place Had. 1880 7 32 | 427 >11Febi 
15935 Roy.” e 11 ne 3d re Ae 
FRET PS TE 4 MINOR ay be lum arbiner - Coln 
n. 18 Gore 
"of ſupply, by n nature ef hit 
2 1 . 


EB=ZESQOEC' OSOgrag esse 22 


2 
1 


FFF FAZ. 


52 


DU THE OC E WEPERDTRPOUaw r 


- 


| 1 * NO K 
. jeltins was filtaneds", 35. 


1735s Har. ty | ahi Fob . 21 
3 61 5 | 


Mais, 1a. ot of gene 1 Haro of Ardraſe, 
_—_ Leni found, That a beck accept» - ner nn de 
ed by al minor without his curatots c“ 
en, wer ne . us: fem cue. 
if ho had Alienated withour the ir en. 
Haddo March a, Seton. A i-. 
nor e his ſiſter's contract, and therew 50 
miſed a voher to hers. he having e but 
without: tlieir ehnſent: it was reducad by the | 
tho' the: aftioncthereupon was moved: forty or forry-fi 
years thereafter: D ry the ſiſter allo, 'who 
ul in the ennteact diſchar Ee 
Wd Dec. 1632,: Manvel. vb 2 e YO 


487 


77 17 


15 1 


* the bord 

n d ET. Þo wy 
err 

— — tho” made h 


kim where — wee 3 is n 
| E 


nlp: 


a e 


e 
. 7 
2 45 


T4 OO N 22 


- * ———— = «© of + , 


| th, ; a 8s; | th if dic 7 
de ly a . EN * 


N 7 
1 * 1 * | 
14 eee 0 
1 3 + 1 8 4 2 wy * 
4 * 
. * | * N 
1 27 4 
155 


* — 10 76 YT | 20 
+. 5 


| Fey 


(0 b--005-20575 0-0 IE ³ 0 . 95 0.0 5 COS m mͥq . 


inſtitated ir à bond cannot? &. 
itution.” Fount. is. N 
ee Tn 
- Y 
and d 0 e ee ee 
1 95 1 Fs 


ables, inns © fb echt 
ſon and Uüätig 7 | 
either by deceaſs; ür, 
Mer ö a * 


be, art 4 
any deed of his — the SEELEY 


4 : ot ; „4 | OT, 
." N © * 2 


= er FER 


being fo | 


cale, Was,thought mo lie in thi | 
1 is,. 


1 Was more than 
fimple ſtitution, ud. chat ere oy Tales: A pro- 
Kibition ph N before majority or marriage. 16. In. 


ing, eurators.' not thereafter veſtare him 9p; | 
15 n | 


. 


Ta Ehen wh Tier $19 1 TY 0 - 
: -A_MINQR having alienated Jands.yithour-donſent of 
en 1 42 4 iis the: ; found, Phar A. 


& ig 0h ho be had been, Gb t for many year 
PA aſter the — . 


arge, 2 . IT terte d ge: mir 
er equine. - thenalignation: — tor ir 
tim oαt:Hiat be .cixcuniſori lyg. e 


Pr — 


ba 


oO TER EuERAS TS STFEECSNSERT EB TT PUSH SUE TO PE TEST 8. 


2 2 * „„ „ 


— Lords-found, That alienation of Jnds made 5 


a minor ſins, decreto; cannot be reduced ciao 
oſt majorem ætatem, eouform to the common aW. 
March I 543, 8 Lee 2 
of lapſus guadrieunite, - Ma March 561, 8 
——Byt if the minor be an infant, the olds rand whe 
deed to be iþ/o jure null, ſo that there is no nee of A Te 
duct ion. Coy. 24 m 1577; Brute Alienation! by 
a minor, having curators, was found % jure null, being 
done without their conſent; but if the minor has 
the alienation ſubliſts; until revoked and reduced. 
17. March 1567, Kineaid: In à reduction ſued dy 


minor 's ſuoceſſbr of an alie nation of lands, made by the 


minor and his curator, without the ſentence of à 3 e, 
35 being a neceſſary ſolemnity in ſuch alienations; 

Lords refuſed to ſuſtain this reaſpn of reduction, bony 
the purſuer would join therewith leſion ; and found 

That this onght+to be ſued within the gui ante. 
Dur. 2. Feb, 1630, H Ach. (Minor td. Jo 
1631, Kinghorn. The Lords found'a Fs "mad 


of a wadſet by à minor, with conſent of his carator, = | 


to be null in law, tho there was no drcretum! jublicir its 

terpoſed;; ber found, That it was only reduvible upon 
minority and leſſon ; becauſe, tho 4 pupil or his tutor 
can alienate nothing withour the of a judge; yet 
it is no legal nullity, where a minor, either wanting cu- 

rators, or with their conſent, where — Alec 
nates 8 Wirhout the warrant and cogition of 4 
17 55 — os et Stalls! 


10 160 3:7 


cation was E 
the Lor . 
Coly. 1 


Feb. > 


28 o n * 


2 MIND . 

an lis father's ca e eee for ef 

—— mia 

| e 3 their 

{aber quien, a5adnitrao, are nexpſajren 
r. — RY 

challenge anader to che 


. —.— . 


A — iy i 


. | 4 O : , RE, t : ped... i 4 7 5 - 
p ;prefe 1 
ount. 19. jon. 2704 ay 5k pe 


49) + 
Se e 2 
Senor” s in i =} 1 


Ep 
debe 5 


GEBESESEFF EY 4822 


ri rage" e 
* | {competent ar the inflaiee of 3 
TY Eng ns OE 
bs. 17. Feb. 1 Campbell. te el by eri 
TIS — — minbrity and 
-.... 7 +> +: lefion, of a ſale nude dy ame, that the 


, on, how it vas truly paid, -unleſs it be offered 
14 E That the ſume 


75 4190 * ofitably. emplo forth "minor's 
Te . . 88 e Hanne 
cram; nd, The tike;-w 1d te bond of bots 


eee the! Jak wal Wy 
Mee. 2rold:down th the mbor'andlhe'tur 4 
1 'Stalr, Dirl. . 1 
3 4 : In 5 redu&tion of 222 don (Ws 


MI Oo Wi 


e wee eds J bebe heat tn: 
Q 0er N „ mcg Fal. . 
. ar due inſtar 0 


ponies eos mp ears, nt we 1 rr 
and's 
Ing, 22 contr J Ee: 55 e 5 . 
lt on. 8. or, 
a for her, {rats ed ge it ap 


and ee to' je ve Ber his 
2 d, That the could not ft the was lefed; ve 
cou a 


1 — he Was worth nothing, Bech erh reti g do the 
rs ha eſtate t 
eee t. Malters. 5 ts rod ul all 
225 to a e ines. To this it Wat 
2d, That iy n in veing. 


E HERE PESBESFESDD FKfggz gg 


Kad. oy ps 


ö e 


. 
"rd 
45 


FEELS 


2 
2 


F 


A Ne 11 52 | 
W 
gens Þ 


TTS FTA TN 


S 


5 7 ſter .b dectflt,, at 
R . 


e bound. as 


9 


4 * 
n 


en 5 pe 875 


ea 


tor. 


o 
fal Han Ft Ps ſon, ho g 
« [1IFE J 74 95 1 
| 2 3 x: * 
iis hcl "and, ihe! Fee; 
: wh mp + At 1311 T4 4122 
4 4 — 
: 124 3 CASTF 302, Bie 14/ n F 
\ 4 4 : Fi 


the 29 3 


b xi 
88 


ſt; this omillion 


RT 7 
8 HOY Ho BEES. 
Jet Ms charged 4 1 82 TS 


70 ren 


heir, o to T pa 

ment's| the 5 © bv in a 0 5 9 

the | 2 
Fr 8 5 8 | 72 Feel 


190105 1 1 5 


* 


e was not. bend 5 . 6h | 


: .but the Lords 
DOE: PN ew 


QT KS TT . 


e eee eee 


\ peen 6 mitted by the ty 
55 Bi 'T'S ne 255 io 
1. 1. Dee, 163 > Rey 


oe 
Jer. 


"oa ee ere err 


tiication 


7 4 


7 15 2 


Fr 


24 
e Hans 


110 7 
ſte e 
N ' \ TEST FW * 
"i 222 * a 8 * 9 
1 .P. — 
12881 Seral; it 
E Y 


Mie 70 n "he 
* to ; 1151 71 gs ol * 
5 . 's i 111 $ $4 W T4 


groit 
m 


dj , 
| 85 
5 Ka aga) 


e 2 5 'ody 
2 ; 


408 M I. N 0 2 
3 ry" and be/ having! I 


reduftive-thereet : . 
Ea — — 


2 


; tho'-it was 


meg which he mi lrg dane, bad 0 
e by:a!: for re- 
Probatur debita tempore ; and the midor- Bas * 2 
-paivnft i tutors: and curatorg wha were proſent the 

ing of the witneſſ⸗ preteſf = 
neee nr. Thed:ards refuſed; to; in prv- 

n Hume, 9 Nows 1689; Falc? Hure: ( 


| -raſbheceferred a. point tothe other 


s oath; where- 
-a+ hg tiocuhay on the mi x ſidelsꝰ d the par- 
Jefting, «hat he! ined thedebare- addr Jim Aas 
y deſed thereby a and ithereſnre tbe 
ed; as; had affen beati-daye (uictherlike wake; the 
| ——— ron faw that the proces: iſotars | 


——— they! refuſed now darts 
Foumt. 75. Now. 689 Gu d irt N e or 


repone him to- a 
Bed j t ——— 

ion omitted either in fact, or in: law/io Foudr. 
The 1698, Kineardiq, —A decree „ ob- 


tained 


= ovin mdu :the: 
RE i cod minor 


Feb. 1684; Newtons<-A 'minor's eee, 


# 
— wy — _ : Shs I ry "S > £ Y e L | * 8 2 7 * % ; 4 
SA Rai ea EE a oc coals if. ou 9S98A- 4 


2 % q 4 þ i. . - 
1 4 r * 1 A 3% OS + Tr” Ss & a R 


S 


1 > @' 


= * + ww ww ww. 


EF NET EI Oat iGO Gyvln An +100 OO 4a0a Gt > .Y ww? 


1 N N of x 2 


. common debtor, during the minority of 
— —— up- 


. . ——— —̃ (w 
and minors are never reſtored d and re- 


penn and that! e//# it had been omitted, / — ooh 
ee — —— were 


Farrar years 1792) Amerie SH Hai. 1 -! 
 A+tMINOR: upon minorhy land le Gg 


1 — offer of hut he received in ene 


—ͤ — Cohrs 2 nn. 
ng pn e 
deer father, but 8 ref. 


courſe of -his-curators iniſing redution/of; 1 n 0. 
that — — ind leon, finding his, eſtate 
rprhmmdeneck d mdfnbar are nene bis 
teſtitutiom on that it muſt be , o 


tharhe mnft-accomptfor 25 3 — father's:efdate - 


intromittetb with — rater; ande offer. 
P ͤ Ä 
of himſe ly but not for what his curators had 
and now inſolvent : che &,ordeforud 


emberzied, 
the caſe very ee verde hs ſaver. of-minors. on-atie 
one ſide, and 
ſedl to reſtare 


nonſthe — tefu · 


— 2 — whether applicd | 
ohne Tout. Ferbl N. Detol5ed Cre- 


a +: / 41 105 20 5 5 ten AK tio a 


br) 1324 yniver tab Ayn «Vs; 88.5448 e | ' . THE 


S + oy * 
n 41 


%  M 10 N A ts 
ee That a bond l (10S; 


8 
19 pon hanes, 2nd. Ig TE. 


= Ry [EIN Fi. | 5 
— — party 


who ee . he 127 


| bred e 


wt od acre iy TI, 
= 12 75 | 


. a 
7 1 5 PF, 
* 


exchange, * itſe 
maſt, H reſumed. CER, £ 
—— — | 1— 


e 6 I 3th 
e 


were 4 common | e — 5 
bitant. „Faunt. I. w 1697, Honde 

accepted by minor, Without conſent.af his-ſathess.: 
tor in lw. to him, as this prige of caerobant 


* 
1 4 


Wy wp ev @ Kerne a tm 


I” 2..." TH... TY 


0 -A wc ww w 83A i tw tt * ow ta ,þ tl) Www =, AA ©» wa 


durin bl ney, "Pork 195 41 
n ing Ned canner 
conſent of Gur: . Lede dme ce w. 
it wks offered "09's pate x that ati the time | 
he was hebe aud repate major „ kept ſhop, was mars 
ried, and hat public trade for Wine time before he be. 
camé dautioner- y 1724, Wat. A bond grants 
ed by & minor np, conſent of - his father vdntinifthas. 
tor in law, was found yoid atid' null, tho? at chat fin 
i meajors | D uterine 
| er ot ge Hr 44k, 084M 


1 9561 2 2749 
of jp : 
OP” 


bim 


111 yr 
ta 
& = 


he e 27 .— 
nor reduction upch thẽ 
ESE 
iden? Inv? of ates 


1 7 minor 5 | + ; TY Nu 
Nained; mas — nr 
purſuer haif revoked within that tümer StairJ* 
_ ig vg ara bet | 
old havm bought * bargain « timber in e nction 
with'his father, au both Having r = 
ſion; the Lords affailzet the defender, — — | 


the price it a f 
A 
euted iu e miles; beſides, that be had homologs» 


ted aſter majority, by aſſigning the =" - 
r. 


4 
„ 
* 


( 


1 1 N O M 


— zevoaation ——— my 

| if 2 11 
2. Il luer fn Tr we ing nt rain 
Feduttion int ri ares ws mivay,: 


: Davie Homes,» o Mann 14845, Arbuths 


1 A5 HA. Arya! „ 14 I or: wt 


ian this: . whareos/ were nun- cn. 
C as 
N 10 his hnowꝛle 
Ts intented in anney. nts 

reponed, ham + ep to: —_ ler 
eum ſeſapon — js 


Hig 14 E ; 
ul 11 15805 Tre ET: | 
og AN Werunakidt Dur.. Dec 1648, 5 | 
Nan air, ay 8 
a roduftion un mor an 
5 1 feds e 
e Is cutatons, and relict, hereby 
gave ber a certain annual duty for 
25 Ares, | | 


5 duced; tut. the lad 
ae, * 1 * Stalr, 4 


r. See 28,.Devs 16g. NMentaſe Nahe 


8 F 


athe. Larda, gatwithe | 
dge 4. 2 


« ad. > a ro . 0 bon a ors ³ä ies. a. ˙ aces 36. es. ow eine ao. es oe oe ac ac. a + 


ir nt] 


CY IE DB TUHOWNE DB REGU PT ATERETODRLTTITHBECOD Ora 


= 
ann. in 
mem at an time: — 251 
tended to c led not on 4 
. ade 5 

f x 
A minor-ſaebeeding to” the” IT 


wg DY24 
of 7oHemmian” iw Fi 
was minor, lag efi his 
ks — — 
1 
io 
Wanze oat” the appriſer 
— 16-rhe roroguted gal 

P galalt; 
pagers, ina — — iN 
S: er- oY j 4 


feta et — ms 
vor cp ay not weng mentioned in dhe) FI 
And; +Dhat'\a\proro gs i vas ttt 
ed in the moſd proper ſouls of tie word, and n proticg 

Odo np wen 


„ 


584. 1 © i. 6 R. 


ann That d minor — ' prox- 
. —— himfelf! asl cautjoner to the 
e ups A en 

ao pf 
the Was 


4 e 
9. 12 ke 


| —.— to be redeemed, the1de Bal. 
Ter ane. 1 that he poſſeſt 7 hoilebedeentable, 
Mc, . d that he was minor it was foubd gra- 
2 30 v frnellatur lacie. - Falc. vol. II. 


e e D. j.. 2 
e eee wat fund vo take ph whore the 
deveſſor” Was not infeſt. \ Falk: vc II. p. 90. 
n, Jo 12. E749. '* 4101 93 Wr 18 i; Ta 

ISHINGS. by's cutatrſs t0-a'minor' bey 
wn his yy beg a ſuſtained ax un ＋ of 
ge to the cura, Where the mitor' was of a 
FHamih Ne eee de ne 
g 2ccordin 4 his[rank; nd ous refumed to 
be advanced arime' enandi.” Fale. Col. vol. I. P. 2805 
Gorgdon;: Dec. 15. 1775. 1 Dit; 5882 4 
A NOR having 2 bond to Abies of tein 
ons;  obliging/ him tops 
Keft ternyaſterikis; dec hn power of reyocation, 
this was found do be 4 deetl inter vivor made by-n minor 
iſent of hheufatus, und therefore null. e 
bon 7 4 * Ir. Craig, Der. 1 11. tee 
- 7 wow nn N | | Nees 
U. by a minor 'p! oer at" its onerous cant: 
Se Ertof |! en $1490" 361; ed eee 67 
-b:B3 e PING, Juror nl 


7 240140 41 9245 1 


72 Wai hh C7 i 

wil, ff rains oxi 3 
e %%% TI8 6-7 

2 8 . 1. 38 PR 70 ** "a YO! 7 


MINOR 


to them certain ſuma —.— 


a TFP aan mRmnaqgG aces CES 


2 


WS. + & ww. * e S W ., 8893 8 — by EL 7 * 


r Ei, FO. OB. 


6 —— +. ata 


1 


* 2 # * 
f — E 
2 4 7 6 l f - 8 F 
8 0 . b 4 . 1 ' . 
a 1 * 19 . * 
£ 1 
* ; 5 . 
24 2 erg "A 9 '% 4 , ; 
1 | "a4 ; . F AS * i * „ * 
a N Tas a 
17 > 14 24 F * 


3 \. 
fl . P * N % 1 


82 n 75; 
ned where" the Their w 

s b. Dur: "Spdt;- 
8 


3 - 
92 : 
: * 
8 bs 3h. hs 4 o #74. 
1 


vv — 


1 


* 25 £4 
* Xs * 13 
1 5 53 
1 98 L 38273 3 
the ir K 
a & 55 8 ot b 
4 2 1 
25 * + a * 


44.8 1; 


2 8 


F 


* 
* 


— * 5 
A? 4912 9 
1s 2.4 +- a3 : 0 
42 5 — 6 # 1 


We, 
(Miner) He 
ie w. 


LY L — ny 
& <5 * x, . $ 
+ 
n. * r 2 41 
£4,207 WH} o3 1 


ro 
wr, 
"Y 4 e 
4 „eri | 


* 


506 MINOR NOR TENSTUR, % 


ne ö j 5 4 5 2 : ; | 4 
thatef 1 the ni. ho bad 
* ht” i 1 Fl £4. % 1 


the minor's mothers becauſe he, c . . 


liged towarrant her-liſerent ra her. Spot. 
a 


Jan. 169% Mar. Nur. zx 
D yr ez 


FSF F. SRS SNS ogg elan 


Fr YO THT CUE WT WENT CT Fw TT ODS WAG rc' yy w 


MINOR NON TENBTUR, * 309 


e e tilde e eee 
1 7 U Wilkie. | 7 55 27. Nov. 1678, 
ie it; | where che minor hithſelf is 


er here 22 fa 


to ſave bir heir d mer kram being Hane wart 
CNN OE CAN OT 
in any other proceſs for making | 
. nt. 27. June, Forb. 25. 
rocard was found not to take place u. 
2 


upon 
er, of a "a right's 
ed, N was 7 e e diſpoſition 
withont an onervu# ſcadſe; þ SN 


| Yi Gd” caution; as they thought Milf Uiffics 
dor vo bud hi- Amd ſoned; b Bit th 75 


Le in che Ae "+: 
a . denn fe 
8 5 5 = Bees. 


.E mind Tr fan, jechle he 
was: . fer ir father Trierer c d rie p, 
bit they inolined to me cEtrAr Y, * Where" che net "Was 


exiJopy, Hope, -/ Mv T9. AE nl, 
Yet after w,&ũ—s̃ ne de fene was Tepelled, the” tie ry 
was only upon the ac and ue entioat Nr ane ; 
yo opt, ar rt ee 11192- 

T was:found;: That niger inf Farftaviſi pe Ber is 
r in aftions that coftern Fe- 
Burt not ar- Lela ar Rds: From mmnöts. Hadd. 
tions the i.. Feb 1392, Poroun -n privi- 
nr is falle lege ers narf tebmpetenr 0 exclide 
te amn the, ee eee e dee granted 


namure: F Hi to · ner twiſband;” 146d by 
pk ore * Ole Met ils.” Feb. 


8 1 Pg 
al 1675 Gbrdon,"= 1 2 peer 72 
W TIE 


292 e! L f 
3 


— 


wy NBP. = £& © 1 & A, ty, amino fn ww © Hmm a co, ON... 


SF Org. 


2 = 
Lon 


** 


1 


e 


2 
E 


ro 


* 


— 


3 


MINOR: NON: TE u G6. a9 | 
— —— a where ti 


1 the king,: phat e ou; t to defend 
— 7. ae 


| 12 Jula privite pee % Nl: whe 
— fins wow: omen Wn | 
Cob. . Abba, of New: bus der 


8 


redustion of the decree, and r che"; 
1 Hecuae tha . eſtoring + 


twenty hing dd of Cot 


te Mr NOKNON: TENE T 5 nana 


dep of Lienen: made by? 

2 25 — per — rn, 
Ta C egintus | 
de Aamno unde, e — = 


wee 577. Jan. 1619, | 
ers nw of removing x againſt another, and there- 


red into "pales; he defence, eur all e | 


45 placitare, was found not fufficient to defEnd him oa 


reduction Was in ne e ane! 
a e 


en 


1 Ny ney refuſed 
'ma "gan . 
es Art hardz har 3 ö 


fan, 6051 523. 8 Sutryc- 7 dew 26. 
ph 11 49 $2 2s - June 2744." l 828 ir 
ames Sarang df. A 8 + 


3 fre 
7th of Ma 
* > fr 


„ him * — 
1692, for the — —..— 


to him t —— 


redeemable 28 follows 2 2 


. A a. a at oa 3c 


* 
- 


is li 
ce 
6, 
66; vba 


«. ; 
10 ; the 


} 


$12 MINOR NON: TENT Tun, ve. 


— 


* Thomas Maxwell of Mis had 
was yen Tre ee 


Tam Craig wor forced to-purcale the ſame; which 
wt og — 1 — — . —.—. rederuption 


fd Cn ny _ 
FL EE 
Git ns 27144, Jaane Craſtlie 
fon. and beir to 7 


5 


\ efore the date 


n 0 00S ATED =mYMmOm1m9S 24. 


. nar! 


of the land, 


— «. ee 


on on TENSTOR, os ve. 


„ Se neee duxii 


«LIK hk. 

heh be Oh did* 

ſion,” Cr. it * not thrended by "this lane 

be impt bo be den the land and ot ors the 


3 


8 "Ig 
NM Q. N. . . 
OF 5 g + " 2 
= — - 2 * — 4 1 1 * * F Dy 
| 7 ; 1 : p 1 * Fs 


BY 2 


« a wh * 
. * * 4 A. # r s * — 1 N 4 x. F 1 
. - - 5 p * 1 +4 
- * " C % * Ph 7 *» 
* 4 . * [1 4 * J * 
1 1 
* 5 * 
A 4 1 2 
i * — * 1 
4 4 4 
1 * » 
- 
2 


reren ae 0 


ea of 1» 


9 


12 1 


—_ 


<q ol 


0 A 753 C's 


e 


8 2 


I) 


My 1 i ae 15 if | eh Th 8. mA 
1. e 


! PM. 3 wh 
2% 1 * 55 $i 2.4 
Nn 2 wry; Un. 1) 

- any, £2 ; Fi - 


hs © 
* 


by — 


198 41 4 * 
as 3 4 Lt 
* g 1 A 825 


= S 


df canti 


was found not fair 5 W 


Rx + $x% 


3f K 


eren 


4 by * c 
a * 
, 4 4 0 
9 #4 2 * * Ys mar * 
— 7 1 & 9 [4 8 7 K - 4 = x 
* 
A * 
4 
» 
8 
1 
* 


- 
STE oP 
. 


r Loc 4 42, 6 0 Ti OS 


to trafſnit the 


r PSY... I: a i a he, 


Fourit. 22. Jan 369 5, Ke 
to a crediror 3 an ab 


5 I nt N 


NE 
the propetry + N x 


"ke e of = 


© 1681, bn, 
ON oft weighted clet 


. Sale 16. 2 


much, and marked with the i 
ters of che hulband'n 5 


4 * 
„Juſy 1710, Ma 
of 0 7 of * ' 1 ; 
ws Ls. 2 
m p " 1 


prietor leut Stair, 2 5 1680 . | 
ke like, the age in a public market. Auch. (Buy- 


ing | 


vant, e 
Was in poſlefſion at tl 
fit poſſigere, or that ho 
or rice chan he | 


viſion, 
vn 8 the me; ; 


5 4 the oe of! Flies v.4 | 4 
er nee Eu 0 15 bt concern 
edt emuire, whehe? th price we applied or py 
of the "Greinke DirL 22 
ſon. The Lordi; found, | a jewel, « R 
cious moveables left to a Kaan iy, . that i it ſhall 
not be "alienated; ed 4 ratuituou! 
File. 27. Feb. 1683, Leven . 5 1 "9 | hs: 
IN moveables, Mon re nes - 
DELERT os! / un nam 
OR 47 74 > 433 # . 67 ab 205 wh 2 1 


* / s 8 * e 38 7 
85 "$43 1 . 17 N , . Ut) f. ws 


NM L 1 1 r Pe 1 N v g. 


70 
"6 4. + LAS; 7 Fa 11 Fa Te 4448 l | ride 


0 3 ; PT 4 ” 
» 
- 4 * 
1 ; } * 
* A* * 2 * - i 


Ie 


IE rr. 0 =Þ2022 -& 5 =. 


SER TT RT Bo On TVv 


LS w. 


9 


mm yy HS 22 1.6. aa ls 2 


MUTUAL CONTRACT 515. 
Jo 1 any of the parties called; and altho he would 


Jo that the parties might crave. rights to, be 
ke 2 w] hich the L. IIS 
| fren)-12. Fr 224 Brown." d * oy 


Jan. 1630, Bruce. 1 
et a, 3, bat, 2 95 Hy e . I al 


di te | 

al 7 Hy ure. if 

mualrents remain iz medio unuplitte 
ms to the prefer erable creditor, wal 
his + will be as Jaid i, Stair, - 27.1 Feb. 165. „ Camp- 
bell. r mn. of poinding, 
took this ae 4 
in the cong count! 
will ſuſtain 
ties 5 
of OA 


to refund har © he tþ 


country, if it ſhall be 
Dur. 7 {6 hall 


in a 


to repete to a Fel erco ..credi 72 8 2 
nor , Fompearefl. 5 8. YH poten 29-. 
oVe . 1679, * err t, 1 59 e 7 N 1 " * xy F 10 * 3; 


An a 6 Nan $16 Kr. IR DICE 


M U. 9 * AL. SON R A . 


E Lt 


BY ein ied to e A l i the tocher, 
An and ex Neg i Slee wife m liferent, e 4 


children in 2 was found to have "334. 

richs/ after er, Je, to e for 8 hb 0 e I 

00 we 1 6 81 bY art, and until 4 — 

once e IK 55 — 

Gosf. 1 0 16 3, e ah. . fer 

ries, by their nature, are revocable at the 

pleaſure of the conſtituent, tho contain ing 24 enth. a * 
_ 


durance. Aid tho the factor had advanced conſide 


ble ſums of money * conſideration of the” l 
Vo I. II. * * 


ay 


518 MU 7 U A L e O N TR A cr. 


was found reyocable, the factor being always refunded 

2 EDEN upon conſideration there- 
before he the polfeſſtan. 

1666, Chahners. A 1 is a0 iq 


in we mf — be . and in all 
| Dees Actio contraria muſt meet che act drecha. As 
of this, if a factor felt in conſtituents ef- 
fects, and take'the price payable to himſelf, he will 'be 
; ' in'a competition, to His conftituent, ſo 101 
4 he Has any pu ge we Hay ib moan 
for the fame ma walker he muſt've preforabe 9 the cor 
Kitaent's* creditors arreſting the prive in the putchaſer's 
bard. ' This laſt point Was found, L . 5. Ste · 
you: I perfon having his and ta · 
a backbond of truſt, in a ſuit at the inſtante of an 
adjudger of the backbond againſt the truſtee, to denude, 
the truſtee was allowed to detain until he ſhould be ſa- 
tisfied of all ſums of money advanced” by him «for the 
rrifter's behoof'; which ſums were 7 to be ad 
 yancet in view of the ſecurity he had by the- 
$tair, 14. Fed. 1662, Bedford. A purchaſer of a — 
EY CO INT OY ion in name of a truſtee, 
backbond, declaring the truſt, and &bliging 
himſelf to denude ; and the truſtee having thereafter 
adyanced i ſeveral ſums to the purchaſet, brought-at laſt a 
declarator againſt the purchaſer's creditors, concludin 
that he was not bound to denude until he ſhould be 
os of his debts, The creditors anfivered, Whatever 
ight be Taid, were they inſiſting upon tie dbackbond to 
oblige him to denude, A Ne purſe in the preſem ſitus- 
tion of affairs, had no bo of e s to der pe- 
went; the creditors had the poſſeſſion deriyed'to-thetn 
From their debtor ; And for à title, they wanted: none 
from the purſuer ; a ſimple declarator of truſt, which 
 the' truſtee could not 5 was as good to them at's 
_ conveyance from the The Lords —— frotn 


' the declarator, 16. July 131, Dante inſet 


gr segen ons 


a MM .. + = Mn an ae. ade. ec... aac _ SIP ISLA 2 


AO WUWWnW. OT BURL LT FWToO HT THT ECT Pu ET T9 RAR 7 Bo. 


| 13 July 1670, Raith. In mutual con-; 3 7 
Sorter dawg and mers 2 has 94. 


he con 


MUTUAL CONTRACT. 59 
as being upan 3 congradt. of marriage, which 


ment falling 
Vn diffolved within —— day, was ſuſtained, as be- 


— ay the r 


5 2664, Petrie. 
ne far payment of a hand, 
* n of land, until 15 


mould the bargain What, 
—— — he minor, in LY formal 2 


that he Was 5 
— 1 rareaka., Dur. 1 ad. 
me 1628, Cuming-—— The reciproca} 


ed comms taxing different terms of 
99 . 
until performance af the other. Stair, 28. 
Nov. 1676, Carmichael ——By a contract of of, manrings 
we wife's father was. obliged te . 1 8 
name of tocher, and the huſband. and his heirs tq pay 
a yearly annuity to the Wife after his death. The tocher 
being arreſted by a creditor of the huſband's, the Lords 
ut to make fortheaming, 3 
bete the huſband's part was fulfilled, by grant- 
* a perſonal ſecurity for the wife's liferent, aud he 
was not bound to make payment until the term ſhould 
come. Stair, 8. Feb. 1670, Cathcart. | 
FAILURE of performance in a mutual. | ' Irritancy nat 
contract implies no irritancy, nor is a , iauplic plied by. 
for: vaiding the contract, but only  favling to 10 
or damages; thereſore the mera is 72 at the, 
1 26. July 179. A . 
„WHERE rr bk 
the other may have, it declared, that 
ought to be free of. the bargain, TY it. du party. 


may, not ſtand for ever in ſuſpence. Stair, proning una- 
fo. pe 


4 


if either party be unable to per- farm 


eu be ou Fo e 
* „1 B % 
W W 82 


$20 MUTUAL CONTRACT. 


purchaſer having "demanded performance, by an inſti 
ment, after the term was come in the contract, this W 
not found to void the bargain, he not tiving inſiſted i M. 
proceſs of declarator ; - but performance thereafter with 
out detriment Was kultained. Stair 11. Feh- 1676, Turt 


bull. ; 1 i ' 4 '2 * * ; 5 N 4 7 ” =. | 
4 » £1 8 =# 1 * 
. t,t « 1 ; | 1 * 


A MAN' who tn his ea of x 2855. X 
bound to ſecure. 8 wite's, 
. this 4% rent, becomin e his dec 
in contract, fiſted in an ac ainſt the Wife s 8 
Joe. ther, for pa g -the tocher Ripon 
8 to be paid to the hnſband-in the ſame con. 
track. 5 The defence! wat, That the jointüne H 
being mutual cauſes of one another, the en . 
not Bound to pay the tocher, until, the ak; 5 555 
ſecure his wife in à jointure: And it was inf 
Thar ſech and was now bankrupt an aj 
ble to pe orm, . the defender, ſhould be declared free 
of his W 20 if the contra& had not been enter: 
ed into, 10 as to liberate him e even tho” bjs 
boy nter ſhould die before her huſband. * was an{wer- 
r the creditors,” Whatever may be the- caſe of gr 
. contracts, Where eneh party may be reſtored t 


his original ſituation, contracts of 2 ge, which do. 1 


admit of this Wa marriage follows, cannot be vo 

by nonperformanee of any article ſtipulated. The Lords 
found the defence, That the mutual cauſe of 225 portion 
Was not performed, relevant to affoilzie the defender hog 
Ret... 4. July 1732, Creditors of Watſqi.— Here they 
a determining, whether the cortrad}- would” be 

| declared diſſolved by the -huſband's banki and ina! 

to perform; becauſe tlie deſender had pled the 

ſame e only, and had e no geclaratoi 


for annulling the contract: and therefpre this 5 


goes no further than che Lords have always been, in 
to go in the like caſes,” Thar the huſband, or hit pred: 
tors, cannot inſiſt for payment of the tocher, van wy 


elta bliſh- the. wiſe in a Yerent, in tern of the coft- 
re 2 | 


tract, N. 2 keeps matters in ſuſpence, and bas 
fei, char i che Wife predbceaſe, the obligs 


the Ther pines" fo, We Jules: and tho the b. e 


n 4. : I a a 


. . . ˙—g.ç%½ò oe ooo es 


1 


1685, Lowrie.——Forb. MS, a. Feb. 1 T4, Pagan. —— 


. ³ edu dattc ot, ARS .  b a 


MUTUAL CONTAGSCT. 


Daria ge). Nee. 


the Sa Bowſlie, Hare. ¶ Contract. Marriage) March 


Fount. 23. 


Dec. 1793, Heirs, &c. of Chalmers. Io 
which 1 


Ald ke was alſo found, 


3: Jane 2 phy him 
fought by the w | 
Ta rote, ale hal be feared e. Ne 
of the centrat was brou 


caution for the wife's Nie- 
rent, that the tocher _ be made to them. 
Falc. 11. Jan. 1682, Telfer's creditors. — Fount. 17. 
June 1 712, Robertſon. Dur. 28. June 1637, Ga bramh. 
nn a cafe of this nature, where the wife had devert- 
1 and where her father 


Tee the Lars fois poi 


aliment far b * ew fe # 
e eparazion, in caſe, 
Ag the . of malereatment, it was e 
the n was lawful and juft ; but did not 5 


mine whether it ſhould be ſubje& to her aliment if 
alatreaments. ſhould not be proved, and if the huſb 
95 X x 3 required 


36h 1 6K SAH 


ired her to adhere. Dalr. 3 1. Jan? 1717. cumin 

A PARTY having raiſed fedäctien of a 3 

is n 8 7 8 head of it was 
If the du, found, That he could not E take 

party re . the benefit of jt in a proceſs at the other 

ates, is f. party's inſtance againſt him, and that 

ther Her? other party was ar bbert) do Pale from 

the decree-arbjtrat in his furn. Stair, 21. 

Dee. 1680; Anderſon. A huſband, during the mar- 

riage, having granted a liferent proviſion 15 wife of 


8000 merks yearly, bearing the e cauſe,” That 


ſhe of that date had diſponed her eftate to their fon ; 


and a diſpoſition having accort mee been figned by the 
lady, with conſent of boy huſban ſing with the not 
delivery, in caſe the fame ſhonld be for din the 

of either of them at their'deceaſe + bar ſhe having” can 


celled the ſame, and after her huſband's ee 4 
= her mind, by inſiſting for payment of the 

ords found,” hat the Bond Len voided: ' ogy he 

having done a deed inconſiſtent with the contract, the 

a er, who had — action to oblige her to im plement, 

muſt have the N ge to repudiate in his turn. korb. 19. 

171t, Nicolfon. Compare 13. July 1733, Shearer. 

k, in conſequence of a mutual obligation, one 1 | 

'with a procura and precept, procels is 

If OM {4 competent wo ep infeftment 255 draw 

party R * back the diſpoſition, when the other par- 

e ee, ff becomes inſolyent, without power to 

te eas; 8 implement the mutual clauſe.” Home, 5 


has he againſt. : hy | 
the other un- Dec. 1711. Selkrig. 3 I 


Oy.” n 1 {4 * „ Ls 
* 


font? id oder een eee eee 
a ng granted belt ih Quoehes" Shrek 
r nimſelf to ſet 2 tack of a mill to 
Contract, p provided he ſhould pay the grant- 
when under er a certain ſum at a certain term; the 
ſtood mutual, Lords, at the inſtance of the granter, re- 
when condi- diced the bond for not performan ce of the 
tional, condition; and this, not w ithſtand ing there 
31 5 was no clauſe jrritant in the bond, and 
2 1 BEE 2 N That 


"MUTUNL2CONTRHCT. 1523 


2 hed yt within den er afteꝝ the term made :of- 
Hope, (CGlauſe''irritant )/\ july 
2669 Morton e a ; contract of victual, the buyer 
was bound to pay ten merks for each boll of 6000. that 
- ſhould be delivered by the ſeller to James Riddel, the 
ſeller Au obtaining James Riddel's receipt. there - 
upon; Which delivery and receipt were to be between 
and a certain day, the receipt tobe delivered to the 
purchaſer before payment. This contract was founid:to 
be conditional, and the purchaſer was alloilzied, receipts 
not having been taken in terms of the bargain, nor the 
delivery made at the day agreed upon: For it Was argu- 
ed, That the term in this contract was not à term of 
; performance, at which the ſeller became bound to deli - 
ver, becauſe here the ſeller was not bound at all It 
was therefore a conditional term, as! if it had been ſaid, 
That for every boll of victnal the ſeller delivers with 
ſuch a time, the other pa rty ſhall be bound to pay him 
ten merks; Stair, * uly 57667 Executors of the Earl 
of Diriem relict renouncing a part of her life- 
rent for the maintenance of the family, by contract with 
the friends, who became obliged to undertake to ſatisfy 
creditors for the ſtanding of the family, and yet they 
diſpoſing of the eſtate, or ſuffering; creditors to evidt it: 
the Lords found the renunciation null, and that ſhe had 
ſtill right to the whole, even as to theſe friends who paid 
their parts; the whole debt not being paid, nor the fa- 
mily preſerved, which was the only end of her renoun- 
Gosf. 23. Dec. 1675, Creditors of Mouſwal. 
N DONATAR of baſtardy ſuing for the price of lands 
fold by the deceaſed, was found obliged ker: 
to implement the mutual; cauſe. Stalr, F e 
20. June 1671 Alexander. — A donatar . in mutual con- 
of eſcheat ws not found to have right 70 tralis good © 
ö erave implement of a contract, without againſl ofig- 
, performing the mutual cauſe. Stair, 13. nies. 8. g 
Dec. 10 72, Lord Lyon. A ſinilar caſe, N 
ä 7. Feb; 1673, Dick. A huſband having ein wot. 
of the tocher' from the wife's father, at whoſe inſtance 
execution was to paſs'; and in the receipt obliging him- 
IG to crave the, balance till he W 


* r . ee e WOW * FF wo” TT FP ws TY. ET. | Sv * TYP 35 r 1 


| 1924 UVTUAL CONTRACT. 


with the-burden of the 
favor of the wife. — 
Found, That an affignee 
right thereto; but with the burden of the conditions 
contained in the huſband's contract of marri * 
E 
Fount. Nov. 1687, Forb. 

= 41) 17. July 1627, 
a the inſtance of an e't0o à bond for the price of 
land, until he obtained bis cedent, who was than 
minor, a ratification of his alienation after his majority, 


which the cedent was obliged to 8 a 


backbond-of the ſame date; ut the buyer was. 
| ammalrem to the aflignee till the 
258 be paid. Dur. 14. Nov. 1628, Coming. 


TT was found, That a wadſetter having ID | 


ion, could nat iy it, by deſi 
nb ing himſelf in the diſcharges bs After r 
A another who was. an — for the” 
"ns other was ark guur mars yet the wad- 
255 on 2% ed poſſe ur only wh 3 — — 
invert Mis When 4egany urge 
Helfen — ed out of it. Fount, 24. March 1685, 
judice of the n 4 
dedueed a againſt 
1 which he ROSS Was 'not 2 


to a tocher by the huſband had 


. 


aa. a 952  -&A 3 ao ni. G64 


te 


A r CONTRACT is 


AN appriſer havin R hands; i 
was found, ior having emter64; into poll i > 1 oh 
5 5 his "poſſeſſion, and Acribe it to a- r fume; 

other title; whether the right: was 'd/ds with ro. 
in bee amecedent to the apprilt 7 gard e lg 
| ia A ob 1 an. 1a — 94 4 m__ l i 4 
don, pd kgs Spot. . 1 5. : 
1624,. EY 2 e March ee 
man may defend upon he: has in his pe 
and ts toll nor” 'be Sereg his podſeiion- a2 one Hoes 
eee en eee 8 
tle, as on 2 gift of eſcheat, a liferent, ec. hex 
not aſterwards' vary; and Arie: his 8 ang! 
title; and pretend he bruiked by an appr 
hath made his election. Funzt. 7. Dec. ogy. Be . 
THE Lords found, That if 2 perſon who ins 33 | 
right to lands; mall thereafter take a tack” | TFaſſeſis 
thereof; he may be decerned to remoye "nf eos 
from the ſame (notwi his heri red at the tex 
e noobs , withe ination of | 
out pre} 2 of his tericable right, . the rights; © 
dicio benen. Col. Nov. 1593, Cunningham 
The like; Hadd. ult. Nov. 1592, Leſſie u des 
clarator of redemption of lands, the Lords ſound, Ti 
the concluſſon of the 1 the defender to de der 
cerned to renounce all right — title which he had to 
the lands a -mariger of Way, onght not to be ſuſtained; 
and that no ce could” follow, but to decem the der 
fender to renounee all fight which he had to theſe lande, 
derived from the pprſuer, and no further: Nur. 296 
Feb. 163 1; Murray. Let ſuch a declerator; | 


$ 
{tained ; only the Lords allowed ꝓhe defender to conde- 
ſcend upon any ſeparate right He had to the lands, reh | 


they h ſuould i be teſerved to Hm g 
Stair, 2. 1696, Lauderdale s — Anppriſer. 
ſet a tack rhe Ariel lands, the tackiman e q a 
appriſmg within year and day iz: and in u remove 
ſending humſe lr on ue ene, & Was eee 1 
he coùld not Invert his maſter” maſter'si poſſeſſion. The, deſen- 

der N be took not + Iignation;to any EW 


1 br CONTRACT, 


t he RN 8 his — 

may have 

be — hs may he iis roy — 22. 

Nov. 1677, rag me Spot. (Poſſeſſies) 1591, Harris, 
wadferter maſt alſo redeliver vac poſſefio, Stai 

17. Feb. 1665, Pringle.——4 wadſet-right being 

priſed, and the compriſer making 

Aue upon the wadſet, and ſuing the debtor's h 


Lords found, That the poten Bayh pus: the 


156 
Fe 


FIVE 
1 
i 
8 
2 


5 
TE 


28 


rn 
DIED former Arts 


affecting the lands, lms no ation againſt 
- bis author bound in warrandice, but for 
Fi the rranſadted ſum. Hadd. 7; Fob; 1616, 

je © Bajkby. Dur: 8. March 1692. 'Balvie, 
27 gm E of lands j ward, 


ar- 


diſponer | 
. kg bur can — 
e 


1 


: 
rh: 


—.— — 
. 2 re» 


> EE 7 - XZ F Þ YO YO Oe a EO ⁰¹Ü1.mꝛ EE IE 


n ũ ũĩ ̊])y fd ee ⅛—˙ͥ—n.. 1 


MUTUAL CONTRACT. p27 
firmed the wadſener . gratis, there. could have been no 
ground of eviction... r eee 


ment given at the ement, but at the ent, 
=! — — ſervices Tt 


2500 Haro. fWarrandice) ; 
n That 2 wadſerter can in no 
| with the reverſer's. to the lands, 
upon which his own wadſet is founded ; becauſe having 
the reverſer bound in warrandice, he becomes 1 
bound- to do. all in his er to prevent incurring the 
wazrandice ; and therefore, when he 3 
he law: s it to be done | 


far as utiliter ſur, in 
| 5 


e procref e 
1205 of — ball. 1 ee ene gelt 


— — — —— — — — 


_ 4 1 we aide ne (That, he 75 5 * . 


chere is 4 jus guæſſ tum the e ber 
which tlie donator is not at iberty, to purchaſe in 


Ss M TUAL CONTRA g. 


right by nis . H to her-firſt-buſband's father, after. that 
he, the ſe nd liuthand; mene to. and continued; | 
ny yar in/peaceable : vitoe of the diſpoſi 


A aro grand FO | 
—.— ot the « pence — 
in poſſeſſi on for many . 

tion, 7 ga Which inte ment Hat nat bee: 
anlifte the, diſponer forthe price. WT The. 


conſilered, that purchaſers, acquiring in f 8 


their hots could not. en het A DE c 
ö 
on pur 


. 


1 
EE of: 2 i of Ry the Ke, become 


eaſed's Ge 8 un, Dies, 3 


the. .cre: 


ſeparate title to the ſubject to compete, with, 2 
tors : le a, dongtor, after degree way: _ 
againſt im by the; creditors, haying 10 
giſt ol 25 "decenſed's liferent eſcheat, taken; by 5 765 


che decreę, the reaſon of full 5 Was r. c 
the donator only allowed 't ces He 
e Harc. CBA 7 Nor... 05 
B contract of marriage Fe, 6 
E602. +: 11,4 and; | Hermes t 
lee kei anodes: 


Nun 17 70 1 


a! 25 
n 


x0. ee inter NE th 
iningme-of tocher, Which he N bi 4 dt 925 
the wife, m caſe of her ſurvixing him; 5 
eh that. he ſhould: ure George Je 


12 ; 


as 
* 


S ¾— (T ˙50e:e! GEE - 


© 24 


of 


(coat 


4. +I 2 


a 


—Y > Y WY WV Au ' pow PO 


W 


Err 


ot 
2 


+4 ad 3+ © 


| promiſed with his 


MUTUAL CONTRACT. 329 
— ELEE the conträd wis 


extended in theſe terms, 


— rs Cams 


2 


Jcimſtens, who all the parties ex- 


n rem, 


: Mat not only the" 
here intervened, + bu ths perde led mo in the 
counter-preftatian which wasto be made to the wife, and 
which . Lords 
„„ . L. I. 372. Jolnſtone, July 16. 
17 5 7 2 145 

raren wis found intded to retain the wetier 
er, in her contract of mar- 
ed of her claim” to the haif of 


riage, till he was 


the houſhold furniture” ftipulated by the contra, but not 
for her aliment-to à term. Wan v1. 'p- 24 Exſecutore 


922Þ 


of Murray; Dec. 11. 1744. cl 
—_ tion fo. pey a keys eee 
when the preſtation became 
e Tais v. I. 2. 57; Youtg, 24.1704. 
AN heir of tailzie obliged himſelf to di lands or 
2 certain ſum, und the thi eſto his wil d the! pare, 
chaſer's other lands” On this an adjudication was led, but | 
the price Was n He aRerwards in conſ- 


Nen 


ever paid. 
of an act of parliament ſold the lands, — 
Vor. | RE. | TY 


:n$3O MVU.T:UAL:C:0 N.TIRA « >>; oY 


he mill. The firſt purchaſer; claimed; ure bene of 
- bis bargain as good in his favor ars it h * „ 'th 
Lie, ahbe clauſes of Which were Noting e Llden's 
.. title. ..; To this it was anſwered, Tbas de Wes boten 


. 


"8 ka 1 


0 . — Ss ap ha omar —— 

* ter Lag a bad 1785 :Tight feu- duty, hy 
takin benefit of the Clas Act. ede 8. I. . 4. 

| 13 g. J. $245 „ „ 4% %½ 

| 4055 by a1 Chief 30 ane. of is naſa K 
aer of being faithfu] to his intereſt, - 5g 
Propter. injuftan cf. Fal u. Tala. . . 25 5 


neee carat ee % x her» 


— of:fact. ale. 


1 3 
: *. I. 1 43. Hunter, 8. — d arab ot 
47 ing. e ee. Where- 0 
the, wife renounced proxiſens 208 her by ber - 
F Afterwards thei huſband made a. ſettlement 7 
her. After-both their deaths a redution var bropght 12 
V At Was F 
pleaded or ne wife's! execntor, that the ſeulement 8 
wife — baue revoked tlie. agreements; — ferc- 14 
. rein. lp. 4 CY 
Lords decerned in the agen} dec iow 1 40. 25 
_ Campbeg Rout nf bee | ira; J 
-.> TME'executors of a 
found. intitled 9 reduce. 
pand, after the 


l Bob Nor 12105 2b. Ki 2917s bier istemilirc * As o 
oat © #5 EF ut ov . 


2Qz2 0d © oe ©@ ©» 


ths. 


. 


9 
| 


5 Cat) or nr ned ſtipulated N Pie rmewy paged *. II. 


— of oligo ware corel 


P+ 144 Coutty ws: Jon 175 9. nnen 
0 — of the eee 
nes "ivy: e Me eh, 


. 


-.1+2& CLAUSE: 


8 


| -MDowah»17-Dec.-2760. /'; [4:23 traded” 


* ++ UNTIL: parties 


oil 1 Nx eatual.conreſh beth mf Band beutdy or tether. 


AK} A 2 
1 ket Ar * A SAC o. | 


N i a e! * 344 3 5-16 cb? 0 ven Art 3 $953 ba 


er 
nt 
ut 
as 
nt 
he 
e- 
he 
10. 
10t 
my 
2 
nd 
ol. 
NE 


n by offering i; 
good 3 — — — 


p. A. Allaſon, Feb. 15. 177 17 


. 53517 5 e | 15 
8 were — to o let te 

i where the was 
referred ne Aller, ae che buyer himſelf having 
_ tied before'the Wee dehvered, his repreſentatiyes 
made a demand for the remainder, dut ut _— 
;onlcaution for the price. Fae: Col. v. 


E BE ee 


ny 


oY #505 Steven, Nove 18. 1760. Win e $1.9” "> 2:44 14 1 
-the- heritor' to 1 to the te- 
"nant, axithe end of tack, what he fall lay out on 
fences, is eſfectual tha the tenant purchaſet! the lands 
nnn qBa.. 


ere ri 8. Seien Stxrihs 245 inns 73G 22 04 
mentioned as l do ſiub- 
1 there it locus pœnitentiæ. See Locus Penitentiæ. 


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