Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
John Arthur of Newton-Arthur v. James Houdon
Date: 5 December 1663
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Wiliam Houdon smith in Restalrig, by his bond, grants him to have borrowed, in 1623, the sum of L.340 from Patrick Whytlaw, burgess in Edinburgh, and obliges him to repay the same. This bond Patrick, in anno 1624, causes registrate, and immediately raises letters of inhibition against the said William; then, in anno 1628, assigns the said bond, with the diligence done thereon, to John Arthur of Newton-Arthur. About this time the said William dies. The assignee charges James Houdon, his son, to enter heir to his father, and obtains decreet of transferring against him, declaring that what right, action, title, or process, Patrick Whytelaw, his cedent, would have had against William Houdon, the same the Lords grant to him against William's son. In anno 1648, John Arthur the assignee dies. His son, Mr. Jo. serves and retours himself heir to his father, confirms his father's testament, and gets himself nominated his executor; then assigns this debt to his brother Alexander: who raises now a summons of transferring, craving the said debt to be transferred in him activè, and in the said Ja. Houdon passivè. For verifying the summons there is produced, first, the principal bond; then the decreet of registration and letters of inhibition served thereon; then the assignation made to Jo. Arthur; then the decreet of transferring obtained at his instance; then the extract of Mr. Jo. retour to his father, under the subscription of Sir Jo. Scot of Scotstarvet, then director to his Majesty's chancellary; then his father's confirmed testament, and then his brother Mr. John's translation of it over on him: all which the Lords finding to prove the summons relevantly, they transferred the same by their decreet.
Act. Mr. George Norvell. It's in absence.
Signet MS. No. 21, fol. 7.
