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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> William Jamieson v George Seaton of Minnes. [1670] 1 Brn 620 (13 July 1670)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.
Date: William Jamieson
v.
George Seaton of Minnes
13 July 1670 Click here to view a pdf copy of this documet : PDF Copy
Jamieson, as having right to a bond granted by William Seaton of Minnes, having pursued George his son, as representing his father, upon this passive title,—That he had pursued for payment of an heritable bond granted to his father;—
It was alleged for the defender, That, albeit the bond was heritable, yet he had either confirmed the same as moveable, or gotten a license; and that his medium concludendi against the debtor, was upon a promise to make payment to him; which, de facto, was never made.
The Lords did sustain the defence; and found, That an apparent heir, having only intented action, and never received payment of an heritable sum, and not having libelled, that it did belong to him as heir, could not infer gestionem pro hærede; which being a passive title to make him liable to his predecessor's whole debts, there ought at least to be proven that he had animum adeundi, or did actually intromit.
Page 132.
The electronic version of the text was provided by the Scottish Council of Law Reporting