The Laird of Linhouse v. the Relict of Robert Kincaid
Date: 21 March 1628 Case No. No. 8.
Transference of arrestment.
Click here to view a pdf copy of this documet : PDF Copy
Robert Kincaid being addebted in certain sums to the Laird of Linhouse, there is arrested by the Laird of Linhouse, in the Treasurer of Edinburgh's hands, the sum of £.1200 owing by the town to Margaret Harriot, Robert Kincaid's spouse, and therefore belonging to him jure mariti. After the arrestment Robert dieth, and Linhouse intents summons against the Provost, &c. of Edinburgh, to make the arrested sum forthcoming, wherein was called the relict of Robert and his only daughter. Alledged by the relict, no process upon the summons now after Robert's death, till first the contract were transferred in some to represent Robert. Replied, That ought to be repelled, in respect he had convened the relict and the only child for their interest, who are the persons who in law should represent him; and further, Mr. Alexander Lockhart who was decerned executor dative to the defunct, concurs to the pursuit; likeas also he should concur to the giving of the town of Edinburgh a sufficient discharge; and therefore seeing all parties are put in tuto, and none having interest prejudged, the pursuer should not be put to multiply sentences unnecessarily. Next the exception is not competent to the relict, unless she would allege some right to the sum arrested. The Lords found the exception relevant.
