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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Jean Wiseheart v The Heirs of James Bonnar. [1683] 3 Brn 455 (18 February 1683)
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[1683] 3 Brn 455      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL
Subject_2 SUMMER SESSION.
Date: 18 February 1683

Jean Wiseheart
v.
The Heirs of James Bonnar


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Jean Wiseheart, relict of James Bonnar, and Alexander Wiseheart, now her husband, against Bonnar's heirs. The Lords found a bond secluding executors heritable quoad fiscum et relictam, though a charge of horning given upon it was produced; which seemed, by the principles of our law, to render it moveable, as well as a requisition or charge looses an infeftment or wadset, there being no apparent disparity betwixt the two; but the Lords found it continued still heritable, because of its express conception of secluding executors in omnem casum, and as if the party intended a substitution to the heir. Which is very subtile.

But, on a bill, they ordained this point to be heard again in presence. Which was accordingly done on the 1st of March 1683, and then they reversed their former interlocutor; and found a charge of horning rendered a bond secluding executors moveable, as well as any other bond would be so loosed.

Vol. I. Page 217.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1683/Brn030455-0679.html