Subject_1 HERITABLE and MOVEABLE. Subject_2 SECT. X.
Sum destined to be laid out on Heritable Security.
Stewart v. Mowat
Date: 8 February 1615 Case No. No 55.
Altho sums in bonds were destinated by contract of marriage to an heritable use, they were found to belong to executor, because the destination was not contained in the bonds and the sums had not been uplifted.
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In an action betwixt Sir James Stewart and Alexander Mowat, concerning certain moveable bonds pertaining to James Stewart of Jerusalem, rebel, it was alleged, That the said James, rebel, being obliged by his contract of marriage to lay 10,000 merks upon land to him and his wife, and to his heirs to be procreated betwixt them; the said James made Mr John Wardlaw assignee to these bonds, whilk Mr John made Mr Alexander Mowat assignee ad hunc effectum, that the said sums might be uplifted and laid upon lands for fulfilling of the contract of marriage; for fulfilling whereof, the said Mr John Wardlaw, became cautioner, and so being destinated to an heritable use, they could not be compted moveable; which allegeance the Lords repelled, in respect of the said destination not being contained in the body of the bonds, and that the sums were not yet uplifted nor employed.
