Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.

George Gordon
v.
Reids

Date: 27 January 1671

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This was a reduction, at the instance of Mr. George Gordon, son to George Gordon, messenger, against thir Reids, of a disposition made by his father to them on death-bed. Against which it was alleged,—That he had no interest to pursue this action, because he wanted an active title; viz. he was not served and retoured heir. Answered,—He had a service, and that was enough. Replied, It was never heard of, that a service (which is only a passive title without a retour) could found a pursuit. Duplied,—He insisted as apparent heir, and cited my Lord Balmerino's case against Airlie, wherein they found not only that an apparand heir might reduce a deed done to his prejudice ex capite lecti, but even a personal creditor.

My Lord Gosford demurred on this: for Durie 11th February 1635, Muire, seems to be contrary.

Act. Cunyghame. Alt. Yeoman. Advocates' MS. No. 112, folio 87.