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Scottish Court of Session Decisions
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: Ore
v.
Watson
18 March 1634 Click here to view a pdf copy of this documet : PDF Copy
If three sisters be apparent heirs, and the father dispone his heritage to one of the three, and appoint her to give certain sums of money to the other two, a creditor pursues her to whom the lands were disponed as successor to her father post contractum debitum. She alleges, That her other two sisters ought to be pursued as well as she, seeing they got benefit by their father. To the which it was replied, That none can be pursued as successor but those who succeed to lands or heritable right; and not they that obtain provisions of monies. Which
reply the Lords found relevant, and sustained the pursuit against the third sister in solidum, who had gotten disposition, from her father, of the land; but prejudice to her to pursue lher relief from her other two sisters prout de jure. Page 6.
The electronic version of the text was provided by the Scottish Council of Law Reporting