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.

Andrew Stephenson
v.
William Paterson

Date: 14 February 1629

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Andrew Stephenson pursued a transferring of a bond of 1000 merks, against William Paterson, as heir to his father, at least behaving himself as heir by intromission with his heirship-goods and gear. Alleged, Any intromission he had, was by virtue of the Lords' warrant. Replied, That he intromitted with more than was in the inventory made up upon the warrant, viz, with a bible, a sword, a musket, a sponge, two pillows, and a table-cloth. Duplied, That ought to be repelled, and no further intromission sustained against him; because, he having purchased a warrant to inventory the whole goods within his father's house, if any thing of mean importance has been omitted by the clerk's negligence, his omission cannot hurt the defender, especially he declaring se, non eo animo ut pro hærede gereret, to have intromitted with them: And, if it be proven against him, he is content to make the same forthcoming with the rest contained in the inventory cum omni causa. The Lords repelled the allegeance, and sustained the summons and reply to be proven against the defender.

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