Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 WINTER SESSION. - Anni 1973.
Anent Disposition to a Son in familia
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Lands disponed to a son in familia, or minor, præsumitur to be bought and acquired with the father's means, especially if the son be minor; and so the father's creditors may effect the land bought, by a declarator; whereof see the form set down by M'Keinzie, in his Observations on the act of Parliament, 1621, against Bankrupts, p. 174. Hence Antonius Faber, in his famed Codex, p. 413, says, Pecunia præsumitur semper ementis, nisi sit filius in familia; and so found the Lords in Posso's case, in February, 1668. See this in some cursory Observes out of Faber's Codex, alibi. But dubitatur, if the money wherewith the land is bought be the price of lands lying in another kingdom and sold, and brought from that place, ex. gr. from England, where, if it had continued, they could not have reached it.
