Subject_1 HERITABLE and MOVEABLE. Subject_2 SECT. XVIII.
Accessory Security.
Alexander Ord v. Grissel Edmonston
Date: 22 November 1671 Case No. No 107.
An heritable bond of corroboration makes the sum, in a moveable bond, heritable.
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James and David Ramsays being debtors to William Edmonston by bond, in the sum of 600 merks, which was a moveable bond, thereafter did grant a bond of corroboration for the said sum, and bygone annualrents, extending to 800 merks, bearing a precept of sasine, wherein there was a provision, notwithstanding, to seek payment upon the first bond, and that the last was without prejudice thereof. Thereafter, being upon death-bed, he did leave in legacy the said sum to two of his daughters; but William Ord having comprised the saids bonds from the apparent heir, did thereupon pursue the debtor, who did raise a double poinding. It was alleged for the legatars, That they ought to be preferred, because the first bond was unquestionably moveable, and was not innovated nor taken away by the bond of corroboration; whereby the said William had reserved to himself a faculty and power to make use thereof, which accordingly he had exerced, by leaving the same in legacy to his daughters, but did never take infeftment upon the last bond. It was answered for the compriser, That, by the bond of corroboration bearing an obligement to infeft, and precept of sasine, it made the sum heritable by act of Parliament 1641, and could not be left in legacy; likeways, the legacy did relate to the sum of 800 merks contained in the last bond, and not in the first.—The Lords did find the said sum to be heritable, and that it did belong to the compriser.
Fol. Dic. v. 1. p. 372. Gosford, MS. No 398. p. 199.
