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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Alexander Balmano v John Balvart. [1629] 1 Brn 297 (28 November 1629) URL: http://www.bailii.org/scot/cases/ScotCS/1629/Brn010297-0772.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: Alexander Balmano
v.
John Balvart
28 November 1629 Click here to view a pdf copy of this documet : PDF Copy
Alexander Balmano sought transferring of a decreet obtained at his mother's instance, being liferentrix, for poinding of the ground of Gentarkie and Pittembrooke, for an annualrent of £40 resting owing sundry years preceding her decease; which byruns, he, as executor dative decerned to his mother, and having licence to pursue, craves to be transferred activè against the alleged heritor W. B. and certain other persons contained in the decreet of poinding, and against John Balvart for his interest, who was not called nor convened in the first decreet, which is now craved to be transferred. It was alleged for the said John Balvart, That it could not be transferred activè against him, because he was not contained in the first decreet. It was answered, That the transferring was not activè, and the said John could never stay the transferring of the decreet against the persons therein contained, seeing John was but for his interest. The Lords ordained the decreet to be transferred, and reserved to John Balvart his defences in causa.
Page 241.
The electronic version of the text was provided by the Scottish Council of Law Reporting