Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Date: 10 July 1672
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One convening the fourth son of his debtor, to pay him a sum owing to him by his father, it was alleged, That no process could be sustained against him, because he was not heir, nor could he be heir. Replied, That he had got a patrimony from his father, and so ought to pay this debt in quantum lucratus est. Duplied, That passive title was never heard of; 2do, Esto, he were heir of provision, the heirs of line behoved to be discussed ere any process could be got against him. Triplied, He needed not discuss the three elder brothers here, because they were all bankrupts. They were to have the Lords' answer on it.
