Subject_1 SERVICE AND CONFIRMATION. Subject_2 SECT. V.
Whether requisite where the Subject is in the Possession of the Heir or Executor? - Whether the Father's Possession the same with the Childs?
A v. B
Date: 22 December 1630 Case No. No. 31.
A clock belonging to the heir, as an heirship moveable, was ordered to be delivered to the executor, upon finding caution, the heir not having been served.
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The executor of umquhile B. confirmed in his testament a knock, which should pertain to the heir; and the knockmaker, who held the knock in his hands the time of the said B.'s decease, is pursued for delivery thereof to the executors, and decerned by the Commissaries. He suspends, alleging he was pursued by the executor, on the one part, and by A. B. who had bought the knock from the apparent heir, on the other part, who had best right thereto, seeing the knock was heirship goods, and so not confirmable in testament, and that he had bought the same from the apparent heir. It was answered, That the knock was confirmed with the rest of the moveables, and decreet obtained against the haver thereof, at their instance, and so could pertain to no other, except the apparent heir were served heir. The Lords ordained the knock to be delivered to the executors, they finding caution to make the same forthcoming to the heir, when he were served, or to the creditors, when they would seek adjudication thereof.
