Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.

The Laird of Craig
v.
Ogilvie of Pourie

1583.

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Pourie Ogilvie being pursued by the Laird of Craig for delivery of the house of Craig; excepted, That the pursuer's father (to whom he was heir, at least had behaved himself as heir,) had set to him a tack of the mains and house of Craig; et sic quem de evictione teneret actio, eundem ab agendo repellit exceptio. He qualified gestionem pro hærede, by meddling with the heirship goods, as beds, boards, &c. Replied, That the excipient could not allege intromission with any heirship goods; because the pursuer's father died at the horn, and so all his goods pertained to the king and his treasurer. Duplied, That the horning could never purge factum ejus qui pro hærede se gessit, by intromitting with his goods, which were his the time of his decease. The most of the Lords found that the horning took away all intromission with heirship goods; in respect that he who deceaseth at the horn can have no heirship goods.

Page 148.