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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Lady Ratter v Sinclair of Ratter, Her Son. [1736] 1 Elchies 317 (12 February 1736) URL: http://www.bailii.org/scot/cases/ScotCS/1736/Elchies010317-002.html Cite as: [1736] 1 Elchies 317 |
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[1736] 1 Elchies 317
Subject_1 PASSIVE TITLE.
Lady Ratter
v.
Sinclair of Ratter, Her Son
1736 ,Feb. 12 .
Case No.No. 2.
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The Lords found that apparent-heir, possessing his predecessors estate, without any other title than apparency is not liable to the debts of his immediate predecessor, who died not infeft, but was more than three years in possession, since he was not served heir to his remoter predecessors, nor had an adjudication on his own bond in the terms of the act 1695, 8th January 1736.— Vide 12th February infra, when the Lords adhered.
After full consideration of the case, and some hearing at the Bar, the Lords (12th February) adhered to their interlocutor of 8th January, most unwillingly, because it
makes the first clause of the act 1695 of little effect; but there were against it Newhall, Justice-Clerk, Haining, Dun. *** The Lords refused as to the son being liable in valorum, but gave the Lady another aliment of L.50 sterling. The answers were in the wrong with respect to the terms of the fund of the aliment.
The electronic version of the text was provided by the Scottish Council of Law Reporting