Found that, conform to the leges burgorum, a burgess may alienate lands on death-bed, for payment of his debts contracted prior thereto; but that in this case, the heir must be first required to pay the said debts, and to maintain the clinique in fecto.
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In ane reduction moved be Wa. Anderson, oy and air to Patrick Anderson burgess of Perth, against George Anderson, the said Patrick Anderson's second son, to whom his father had sold ane tenement of land in the said burgh, in the time of his sickness whereof he deceased, it was excepted be the defender, that his father had necessities with money, both before his sickness and in time of the same; and seeing that the said father had conquest the said tenement himself, he might sell the same to pay his debts taken before his sickness, and to sustain his necessities the time of his sickness, according to an law written in legibus burgorum; the whilk allegeance was fand relevant; and, after the admitting the same, the pursuer alleged, that the said alienator had sufficient in moveables to have paid the alleged debts, and to have supported his own necessities, if he had lived half an year linger nor he did, and als the said persewar being his air was sufficient to have paid his debts, and also made support of the said necessities; in respect of the whilk the defunct should have required the said air, before he had made such alienation in his death-bed; the whilk reply the Lords fand relevant to take away the exception that was before fand relevant.
