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 Mudie
v.
Ronald Murray

Date: 22 December 1630

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Andrew Mudie, executor dative confirmed to Mr Umphrey Blenshill, and Ronald Murray, were striving for a cloak which pertained to the defunct. Andrew Mudie had confirmed it with the rest of the defunct's moveables; Ronald had bought it from Mr Umphrey's son and apparent heir, it being in none of their possessions, but both seeking it from one Smith, that had it. Ronald alleged, It could not pertain to the executor, because it was moveable heirship, and so could not be confirmed. Andrew answered, He could pretend no right to it, as having bought it from the defunct's apparent heir; for the apparent heir, till he was served, had no right to it. The Lords, although none of them seemed to have good right to it, yet, in respect the executor had a sentence for him, and there was no heir to challenge it, and, perhaps, would never be, they preferred the executor.

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