Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN BAIRD OF NEWBYTH.

William Moffet and his Spouse
v.
Robert Ker, her Son

Date: 19 November 1664

Click here to view a pdf copy of this documet : PDF Copy

William Moffet and his spouse, as creditors to umquhile Sir James Ker of Creillinhall, in the sum of 2000 merks, pursues Robert Ker, his son, as lawfully charged to enter heir, and upon the rest of the passive titles; in which process there was an act of litiscontestation the last session; and, at the time of the dispute, the pursuer having insisted, That the defender had intromitted with his umquhile father's moveable goods, and the duties of the lands of Corsecrassing; it was alleged absolvitor from the passive titles; because, denying any intromission, if he any had, was as singular successor, by virtue of a disposition flowing from this Laird of Balmerinoch, whose father was infeft in the said lands; and, as to the other member, Absolvitor, because the deceased Sir James Ker died rebel, and his escheat gifted to umquhile Andrew Rutherfoord, and declared, and thereafter disponed in favours of the defender. The Lords found these two defences relevant scripto, and assigned the 1st of November to the defender to prove, and the same day to the pursuer to prove his intromission. The defender having proven sufficiently his two allegeances, by production of the writs; the pursuer referring his libel to Robert Ker, the defender, his oath, he did depone negativè; and therefore [was] assoilyied from the pursuit: notwithstanding it was alleged by the pursuer, That he behoved to be liable, in regard he had intromitted with the maills and duties of the lands, before any right he had from Balmerinoch. Which the Lords found not relevant, and therefore assoilyied, as said is.

Page 4.