Scottish Court of Session Decisions

Subject_1 OBLIGATION.
Subject_2 SECT. IV.

Whether an obligation or a resolution only?

Kennedy
v.
Kennedy

Date: 2 January 1723
Case No. No 24.

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Hugh Kennedy disponed his estate upon death-bed in favour of his son, and failing him, to Sir John Kennedy. After the son's death, this deed being called in question by Hugh Kennedy of London, a remote heir, Sir John Kennedy alleged, That the son, apparent heir at the time, had homologated the deed, which made it unquarrellable by any remoter heir; and he produced a missive letter in these words:

“Depend on it, I shall adhere to that right my father made failing me in your favour; and that you may give the more credit to what I here aver, I have made no other title to my estate, but have used the same as my evident.”

It was pleaded, That this did only import a resolution, but no direct ratification or homologation; which accordingly the Lords found. See Appendix.

Fol. Dic. v. 2. p. 16.