Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Sheriff of Teviotdale v Lord Cranston. [1630] 1 Brn 179 (24 March 1630)
URL: http://www.bailii.org/scot/cases/ScotCS/1630/Brn010179-0413.html
[New search] [Printable PDF version] [Help]
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: The Sheriff of Teviotdale
v.
Lord Cranston
24 March 1630 Click here to view a pdf copy of this documet : PDF Copy
In a declarator of property pursued by the Sheriff of Teviotdale against the Lord Cranston, the pursuer libelled his interest as heir, at least apparent heir to his fore-grandfather. As apparent heir, could not be sustained to pursue a declarator upon: For heir, there was nothing shown, only he showed where he was heir by progress to him, and successor in rem. It being alleged, No process, because he showed not where he was heir to his fore-grandfather, as was libelled;—the Lords suffered him to mend his summons with these words—“at least successor in rem,”—which was in effect to libel a new title.
Page 321.
The electronic version of the text was provided by the Scottish Council of Law Reporting