Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Anent procuratories of resignation
Date: 2 July 1672
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Quæritur, A father, by contract of marriage, dispones lands to his son, and the heirs of his body, and grants a procuratory of resignation, for infefting his son and the heirs therein: the son dies, and never any resignation made: he leaves a child behind him, which child is served heir to his father: the question is whether (the goodsire, granter of the procuratory of resignation, being still on life,) resignation may not be summarily made in favours of that child, as well as if by name and sirname he had been mentioned in the procuratory; seeing by an inquest of sworn men, he is cognosced and declared to be the son and heir of that man to whom and whose heirs the procuratory was granted.
Sir George Lockhart and sundry were of opinion, there needed no action, but that the service was equivalent to an assignation to the procuratory, in which case resignation might be made summarily.
