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.

William Robertson
v.
Margaret Dalmahoy

Date: 26 June 1629

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William Robertson, as assignee constituted by James Traquair, brother and heir to umquhile Robert Traquair, husband to Margaret Dalmahoy, pursued the said Margaret as intromissatrix with certain moveable heirship, libelled belonging to Robert, and in his possession the time of his decease. Alleged, She could not deliver the heirship libelled, because the defunct, whose heirship is craved, had two children that lived long after their father, whom she entertained all their lifetime, having no other means to do it upon but the said heirship. Replied, Not relevant against the pursuer, who is assignee by the heir; likeas the defender alleged no right proceeding from her bairns, who were never served heirs to their father; and, as for their entertainment, it should be imputed to her motherly piety; and she could not have retention of the heirship libelled, especially they being yet extant. The Lords sustained the exception.

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