Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.

Haddo's Heirs of Provision
v.
His Heirs of Line

Date: 28 July 1625

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James Gordon of Haddo, having married a second wife, and having granted a charter of certain lands therein mentioned, to the heirs to be gotten of that marriage, to be holden of the said James his heirs,—this charter, albeit there was no fiar specially therein designed, but that the same was given, in general terms, to the heirs of that marriage, there being none then procreate, was sustained in favours of the daughter thereafter procreate of that marriage, and who had obtained herself served heir of the same marriage, in the said lands, to produce action as heir, by that provision, against the general heir of the said umquhile James, granter of the charter, for obtaining himself infeft in the same lands, holding of the immediate superior, to the effect that thereafter he might infeft her as heir foresaid, by provision, in these lands, to be holden of him, conform to the tenor of the said charter. Which order and security was found good, albeit the charter had no express fiar therein constitute, but only the heirs generally of that marriage; which might have seemed to be a ground to have produced an action against the heirs-general of the granter, and not to have been so summary a warrant to obtain infeftment. But, in respect of the retour foresaid, the charter and action was found good, and sustained.

Act. Lawtie. Alt. Hope and Mowat.

Vid. 9th July 1630, Vetch against Robison.

Page 181.