Subject_1 HERITABLE and MOVEABLE. Subject_2 SECT. IX.
Obligations to lay out money on heritable security.
Schaw v. Crawford
Date: 11 December 1638 Case No. No 52.
Found in conformity with Hamilton against Lamb, No 50. p. 5481.
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Geils Schaw, relict of umquhile Crawford of Slatterton, being his second wife, pursues his eldest son of the first marriage, as lawfully charged to enter heir to him, to employ to her in liferent, and to her bairns in fee, 3800 merks, conform to a bond granted to her by her husband of that tenor; and the defender alleging, That the pursuer was executrix to her husband, and was intromissatrix with his goods and gear, and so ought to fulfil the same herself, and was both debitrix and creditrix, and ought to relieve the heir thereof; this exception was repelled; and albeit she was both executrix and intromissatrix, yet it was found, that she had good action against the heir, and that the executrix was not obliged to relieve the heir of this debt, which was heritable, and whereto the heir was liable, without relief against the executrix, the same being heritable.
Clerk, Scot.
Fol. Dic. v. 1. p. 369. Durie, p. 657.
