Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.

Hugh Somervell
v.
Gilbert Somervell's Heir

Date: 27 November 1632

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Hugh Somervell, in Drum, pursues the heir of umquhile Gilbert Somervell, to hear and see a decreet-arbitral pronounced betwixt the said Hugh and the said umquhile Gilbert, which was registered by way of action at the instance of the said umquhile Gilbert against the said Hugh, transferred against the heirs of the said umquhile Gilbert. It was excepted by the said defender, That this decreet, registered at the instance of the said Gilbert, cannot be transferred against his heirs passivè, at the instance of this pursuer, except the decreet had been registered at the pursuer's instance against the defender; or, at the least, when the same was decerned to be registrate, that the pursuer had protested, that he, against whom it was registrate, might have execution against the said Gilbert and his heirs upon the said registration. Which exception the Lords found relevant; nevertheless, they gave licence to Hugh to mend the conclusion of his summons; and, in place of transferring, to pursue for implement of the said decreet.—22d January 1629.

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