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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> #name [1585] 1 Brn 123 (00 January 1585)
URL: http://www.bailii.org/scot/cases/ScotCS/1585/Brn010123-0247.html
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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.
1585 .Click here to view a pdf copy of this documet : PDF Copy
N. heritable proprietor of the lands of O. sought a decreet of molestation obtained by his author, to be transferred in him active. Alleged, That decreet could not be transferred, because it was personal, and only competent, tam activè quam passivè, to the persons and their heirs between whom it was given. Replied, Albeit the action of molestation might be thought in some case personal, yet, it was according to the law, actio personalis in rem scripta, et transit in singularem successorem. The Lords repelled the allegeance.
Page 215.
The electronic version of the text was provided by the Scottish Council of Law Reporting