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The Lord Renton having, for payment of his debt, set a tack of his whole lands and casualties, to Sir Patrick Hume his son, reserving the kain fowls to his Lady and his son Sir Alexander, the apparent heir; after his lady's decease Sir Alexander claimed tne whole kains jure accrescendi, his mother and he being nomine et re conjuncti in the clause of reservation.
Answered for Sir Patrick: By the civil law jus accrescendi took no place in contracts inter vivos.
The Lords waved the point of jus accrescendi; but found, That the kain fowls did not fall under Sir Patrick's tack; and therefore belonged to the heir.
