Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.

Andrew Mauld of Tuildie
v.
The Parishioners of Eglisgreig

Date: 28 February 1628

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Andrew Mauld of Tuildie having a pension granted to him out of the Priory of St Andrew's, cum potestate transferendi, he transferred the pension in the person of his son, being a minor, and in his own lifetime raised summons against the parishioners of Eglisgreig, out of the lands whereof the pension was granted, to hear and see letters conform granted to his son upon his translation. The father dies before decreet be obtained; his son insists to seek letters conform: the parishioners alleging, that, notwithstanding of the alleged translation, yet the father remained in possession during his lifetime; and so the translation was null, as was found in the like action betwixt the Bishop of Aberdeen and Douglas, where the translation of the pension was found null, because the principal party remained in possession during his lifetime. To the which it was replied, That the pursuer being minor, his father's intromission as administrator could not prejudge his translation; and farther, this action was intented in his father's lifetime. And, as to the practique, it metts not, for that translation of Douglas was to a stranger, and one of perfect age; and this, to a minor, and the son of the pensioner. The Lords granted letters conform.

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