Subject_1 HERITABLE and MOVEABLE. Subject_2 SECT. XVI.
Price of Heritable Subjects.
Forbes v. Mr James -
1683.
November. Case No. No 90.
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Upon the death of a person who obliged himself, by contract, to dispone an apprising to another, who obliged himself to pay the price to the seller's heirs, executors, and assignees, the buyer pursued the seller's heir to dispone.
Alleged for the defender; That he cannot be obliged to dispone unless he get the price.
Answered, That the obligement for the price, by the conception of it, belonged not to the heir, but to executors, for whom there was compearance.
The Lords found the price, by the conception of the obligement, belonged to executors.
Fol. Dic. v. 1. p. 371. Harcarse, (Executry.) No 456. p. 125.
