Heirship found to comprehend six golden buttons; and, if the defunct had any number of oxen, it was found that the heirship was a yoke: Found also, that the heir would get his heirship out of steel-bow oxen, if she defunct had no other oxen.
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In an action pursued by Mr Robert Boyd, advocate, against his mother, and Mr John Russel, now her spouse, for delivery to him of his heirship goods, the Lords found, that his summons was relevant, claiming six golden buttons which his father had upon his skin coat; farther, it was found, that the heir would get a yoke of oxen if the defunct had eight. Thereafter, it was alleged by the defenders, That they ought to be assoilzied from the heirship oxen, because the defunct had no labouring in his own hand, nor oxen in his possession at the time of his decease, and therefore the heir could not fall to any heirship oxen. It was answered, That he had set his mains in tack, with eight oxen in steel-bow; which oxen pertained to him, and the heir fell to two of them in heirship; and, therefore, his mother having intromitted with them after his father's decease, should make two of them furthcoming to the pursuer as heirship.—The Lords, reasoning upon that matter of steelbow oxen, considered that oxen set in steelbow with a room, became the tenant's in such set, as he was not obliged to render the same oxen again, but as many as good, or the price thereof, and had power to sell or dispone upon the steelbow oxen at his pleasure; whereby it would appear that they were not the master's goods, but that he had only right to the price thereof after the expiring of the set. Others thought, that the tenant had only the use of them, and not the property; in so far as, if the tenant went to the horn, the steelbow goods would not pertain to the donatar of his escheat, but, on the contrary, they would belong to the donatar of the master's escheat going to the horn; likeas they would fall under the master's testament. And albeit it was alleged by this defender, That they were confirmed in the defunct's testament, yet the Lords found that the heir should have a yoke of them as heirship.
