Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Boswell v. Boswell
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In a pursuit in anno 1662, Boswell in Kinghorn, contra Boswell, (whereof I have seen the decreet,) it was alleged for the defender, No process against him as successor titulo lucrativo post contractum debitum, because he offered him to prove, though he was apparent and nearest heir, yet the disposition was not merely gratuitous and destitute of all onerous cause; but he had these lands disponed to him for sums of money he either had paid, or was obliged to pay, near the half of the worth of the lands, if not more: and so it is to be called an onerous cause more than a lucrative, since the onerous cause predomines, et unumquodque denominatur a majore et famosiore parte: it is more onerous than lucrative. Answered, to make it relevant they ought to say not only onerous but adequate, else it is still lucrative.—And so the Lords find to this effect, to make up what is wanting of the price. And so they ordained Sir A. Seaton, of Pitmedden, in his plea with the daughters of Blair, to allege an adequate full price, as ordinarly then given in the country. Vide supra, No. 538, in margine, [28th January, 1677.] See this marked beside me alibi, in some small alphabetical practiques since the King's restoration, voce successor lucrative.
Now the Lords liberate from this passive title, if he have paid 9 parts of 12, of the price. See 29th November, 1678, Hagins against Maxwell
