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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Gilbert Wilson v Margaret Stuart. [1629] 1 Brn 168 (11 February 1629)
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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.
Date: Gilbert Wilson
v.
Margaret Stuart
11 February 1629 Click here to view a pdf copy of this documet : PDF Copy
In an action pursued by Mr Gilbert Wilson against Margaret Stuart; Alleged, No process at the pursuer's instance, because he pursued as son and heir served and retoured to his father, and the retour was not produced to verify his interest. Replied, The defender could not be heard, because she had herself obtained decreets against the pursuer as heir to his father, and so had acknowledged him to be heir. Duplied, Albeit she had gotten decreets against him as heir, yet that will not furnish him action against her, because he may be heir passivè, and yet not activè, as by a service not retoured. The Lords round the exception relevant.
Page 140.
The electronic version of the text was provided by the Scottish Council of Law Reporting