Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.

George Forrester
v.
Fotheringame and Rinde

Date: 8 December 1649

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In the action pursued by George Forrester, as assignee by John Denholme, against Fotheringame and Rinde, as heirs to James Couper, debtor to the said Denholme; it was found, That, although one of the heirs-portioners, defenders, was dead, yet the pursuer might restrict the payment of the sum craved to his half, and that he might propone upon his own peril payment made by the other heir-portioner, who was dead. And, in the same process, it was found relevant, that the defender offered him to prove that the said umquhile James Couper his brother's son was served and retoured general heir to him, and so behoved to be first discussed, before the pursuer could challenge them, who were but heirs by progress, as it seems, by provision in tailyie to the said James Couper's sisters, to whom, it seems, he had provided those lands in Striveling; which are of no great consequence, and wherein the same sisters had been infeft as heirs of provision.

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