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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Brown v Levingstoun. [1670] 1 Brn 609 (15 February 1670)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.
Date: Brown
v.
Levingstoun
15 February 1670 Click here to view a pdf copy of this documet : PDF Copy
David Brown, being infeft in a tenement of land in Dalkeith, and having
raised a reduction and improbation against Mr Alexander Levingstoun, wherein certification was granted; thereafter Gustavus Brown did adjudge the right of the tenement from the heirs of the said David, and pursue a wakening of the said improbation against the heirs of the said Mr Alexander Levingstoun. It was alleged for the defender, That the wakening could not be sustained, which is only when the pursuer and defender are living; whereas, here, they being both dead, there ought to be a transferring of the process, both active and passive.
It was replied, That it was only necessary in personal actions for payment of debts and doing of deeds.
The Lords, notwithstanding, did sustain the defence, and found a necessity to transfer.
Page 105.
The electronic version of the text was provided by the Scottish Council of Law Reporting