Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.

Alexander Smith
v.
Norman Baptie

Date: 29 November 1627

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Alexander Smith, executor confirmed to his father, pursued Norman Baptie for £200, lent to him by his umquhile father. Alleged for the defender, That the bond was heritable, as bearing, that ten of the hundred should be paid for it, as long as Norman retained it in his hand over the term of payment, (albeit it had not the clause, as well not infeft as infeft,) and so it fell not to the executors. The pursuer Replied, That he was the same party that could only be heir to his father also, and so he should be answered: Likeas, He offered caution to free the defender at all hands. The Lords first found the bond heritable; and, in respect that the pursuer was apparent heir, as well as executor to his father, they superseded to give answer to the allegeance while he had first served himself heir to his father. Which course they thought meet to keep in all the like cases thereafter.

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