Scottish Court of Session Decisions

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

Karkettle
v.
John Spotswood

Date: 1 January 1650

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In the suspension, Karkettle against John Spotswood, the reason that the decreet whereupon Spotswood charged being for 1800 merks, was satisfied by the offer of 1000; in respect of a posterior minute passed between the parties, by the which Spotswood was obliged to give an assignation to the whole decreet against the heirs and executor of the defunct;—that reason was not found relevant to grant assignation against the executor, being the brother of the relict and of John Spotswood, charger, the which relict was executor to her husband; since that was never the meaning of the contractors in the minute, that the charger, who had obtained the decreet, as assignee, from the relict, to that clause of her contract of marriage, should give assignation against his brother, her executor; but because the son of the defunct was alleged to be yet alive in Poll. and might come home and be heir to his father, notwithstanding that the suspender, against whom decreet was obtained, was served to the defunct, his brother; and that, if it so happened, the suspender might get his relief of him, by virtue of the assignation, if his service were reduced and annulled.

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