Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 18 February 1683
Jean Wiseheart v. The Heirs of James Bonnar
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Jean Wiseheart, relict of James Bonnar, and Alexander Wiseheart, now her husband, against Bonnar's heirs. The Lords found a bond secluding executors heritable quoad fiscum et relictam, though a charge of horning given upon it was produced; which seemed, by the principles of our law, to render it moveable, as well as a requisition or charge looses an infeftment or wadset, there being no apparent disparity betwixt the two; but the Lords found it continued still heritable, because of its express conception of secluding executors in omnem casum, and as if the party intended a substitution to the heir. Which is very subtile.
But, on a bill, they ordained this point to be heard again in presence. Which was accordingly done on the 1st of March 1683, and then they reversed their former interlocutor; and found a charge of horning rendered a bond secluding executors moveable, as well as any other bond would be so loosed.
