A man taking to himself lands in liferent, and to his daughter in fee, is not a baron, and has no heirship moveables.
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Mr Hary Scot's daughter, and her husband Mr John Muirhead, for his interest, being pursued as representing the said Mr Hary, for a debt due by him, the pursuer insisted on the title of behaving as heir by intromission with his moveable heirship.—It was alleged, That he could not have an heirship, being neither prelate, baron, nor burgess.—It was answered, That he had acquired the land condescended upon to himself in liferent, and to his daughter in fee; which was equivalent as if she had succeeded to him in the said lands.
The Lords assoilzied from that title, in respect he had no right in his person, in which she could have succeeded. Some were of opinion, That if the right had born the ordinary clauses, and a power to dispone and wadset, notwithstanding the fee in the person of the daughter, that in law he ought to be considered and looked upon as a baron; being in effect, and upon the matter a fiar.
Clerk, Hay.
Fol. Dic. v. 1. p. 365. Dirleton, No 151. p. 60.
