Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Subject_2 The following CASE, and those in the preceding pages, marked as taken from 2d MS. are not found in the MS. followed by Mr Morison, while printing in his Dictionary the Cases from Auchinleck referred to in the Folio Dictionary by Lord Kames.

Wallace
v.
Mure

Date: 13 November 1629

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In the same action, [Wallace against Mure, 7th and 9th July 1629;—Dictionary, p. 1347, it was alleged by the bastard's relict, who was specially called in the particular declarator of the sum of 1000 merks, contained in an heritable bond, whereupon the former interlocutor was given, that the donatar to the simple gift of bastardy could have no declarator upon the right of the said sum; because the defunct, being bastard, had not only an heritable bond, but seasine followed thereupon, and so fell not under the simple gift. To the which it was answered by the donatar, That the relict had no interest to propone this allegeance, but allenarly the debtor of the sum. Whereunto it was replied, That she being a party called in this declarator, she might very well allege any thing whereby she might exclude the pursuer's right. Which the Lords found relevant.

2d MS. Page 24.