Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Johnston and Steil v. Ludovick Willison alias Calander of Dorater
Date: 19 November 1696
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Rankeilor reported Johnston and Steil against Ludovick Willison alias Calander of Dorater. It was an objection against the pursuer's active title, as being an adjudication of a moveable debt. Answered,—Though the original bond be personal, yet it was made heritable by a comprising deduced thereupon. Replied,—That apprising being led by the tutor, he could not alter the destination of the first succession. Duplied,—Though that be true, yet there was no inversion here; because they were both heirs and executors, and had the right jure sanguinis utroque modo.
The Lords thought a tutor cannot, by taking a collateral accessory security, divert the channel of succession; yet here, both rights centering in one person, they sustained the title.
