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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Couts v Straiton. [1683] 2 Brn 30 (00 January 1683)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
Couts
v.
Straiton
1683 .January .Click here to view a pdf copy of this documet : PDF Copy
Some of several persons of the name of Couts, nearest of kin in the same degree to one Clement Rouchhead, having granted an assignation of their share of a bond falling under executry to Arthur Straiton, and the rest having, after the cedent's decease, confirmed the whole;—it was alleged by them against Arthur Straiton, That he could have no right by the assignation, the cedents having died before their interest of nearest of kin was established in their persons by confirmation; so that it could not transmit, but remained in bonis defuncti. Answered, By the civil law, dies legati cedit a tempore mortis testatoris, and the testament was but modus acquirendi. The Lords found the pursuers, who were executors, had right to the whole; and that Arthur Straiton had no share by the assignation.
Page 123, No. 448.
The electronic version of the text was provided by the Scottish Council of Law Reporting