Scottish Court of Session Decisions

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

Mr Patrick Maxwell
v.
Sir John Ruthven's Son

Date: 14 December 1649

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In the action of declarator, pursued by Mr Patrick Maxwell against Sir John Ruthven's son, for declaring of some temple lands, lying betwixt the barony of Thorntoune and that of Innerwicke, as being severally kend and known by march stones, dikes and ditches; and whereof he instructs infeftments, successively, to sundry persons, by the space of more than 80 years, and, namely, that one of them obtained a decreet of removing in the year 1616:—it was excepted, That minor non tenetur placitare de hæreditate paterna, conform to the law of the Majesty, which is in viridi observantia. In the which cause, comes in to be disputed, what is hæreditas paterna?—whether that wherein the minor and his father are per expressum infeft?—or that also which they allege to be bruiked by them as part and pertinent?—that same being alleged to be distinctum tenementum. But the Lords would hear it in their own presence.

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