Subject_1 PERSONAL and TRANSMISSIBLE. Subject_2 SECT. II.
What Right go against Heirs.
Muir v. Muir
Date: 10 February 1630 Case No. No 19.
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A reversion by decreet of the Lords extended against the heir, although the reversion bore no mention of heirs.
Fol. Dic. v. 2. p. 73. Auchinleck, MS. p. 207.*** Durie reports this case:
In a redemption of lands, wherein the son was infeft by the father under reversion, the reversion bearing, ‘whensoever the father should redeem from him,’ not making mention of his heirs; the father, after decease of his son, redeeming from the apparent heir to his son, no party defender compearing, and the Clerk advising with the Lords, if this reversion of this tenor should be effectual, to redeem from the apparant heir of the son; the Lords found, That albeit the reversion made mention of a power to redeem from the son by the father, and bore not these words ‘from the son's heirs and assignees,’ yet that the father had power by the said reversion after the decease of the son, albeit there was no redemption used by the father, while the son lived, to redeem also thereby from his apparent heir, and that the reversion was not personal, so as it became extinguished by the son's decease.
