Scottish Court of Session Decisions

Subject_1 PASSIVE TITLE.
Subject_2 DIVISION I.

Behaviour as Heir.
Subject_3 SECT. IX.

Apparent Heir paying his predecessor's Debts.

Douglas
v.
Lawson

Date: 14 February 1629
Case No. No 78.

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In an action pursued by Henry Douglas against John Lawson, Boghall's brother, whom he pursued as heir to his brother, &c. he verified him to be heir, in so far as Mr Lewis Stuart being infeft in wadset in a tenement in Edinburgh belonging to Boghall, he set a back-tack of the same to Boghall and his heirs, for payment of so much as effeired to his annualrent, of which back-tack duty the said John Lawson had taken discharges from Mr Lewis since his brother's decease.—The Lords found this relevant to make him heir.

Fol. Dic. v. 2. p. 32. Spottiswood, (Heirs.) p. 140. *** Auchinleck reports this case:

An apparent heir, who received a discharge of the duties contained in a back-bond, set by a wadsetter to his predecessor, to whom he is apparent heir, is found gessisse pro hærede.

Auchinleck, MS. p. 3.