Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 WINTER SESSION 1976.
Anent Heritable Bonds
1676.
November.
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They say the Lords inclined to find that the assigning of an heritable bond made it moveable, like to a charge of horning or a requisition, and that Stairs has something of it in his System, tit. Of Real Rights, in principio: but I think it must only be a mistake; though, by the act of Parliament in 1617, the assigning of a liferent tack makes it moveable, and to fall under single escheat. Vide supra, hoc eodem numero, § 2.
In the case betwixt Doctor Craig and Riccarton, they say, the Lords found bonds bearing clause of infeftment, though no infeftment actually followed thereon, belonged to the heir of conquest; and yet it would seem more agreeable to law, that they should fall to the heir of line, as moveable heirship, tacks, reversions, &c. do. But they answer, that only such real rights fall to the heir of line whereupon infeftment cannot follow; but this decision is dubious. See Stair's System, tit. Of Heirs, where he speaks of conquest. Vide infra, No. 526, about the three sisters called Mitchelsones.
