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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Creditors of Poldean v Sharp. [1738] 1 Elchies 133 (27 June 1738)
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Cite as: [1738] 1 Elchies 133
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[1738] 1 Elchies 133
Subject_1 FEU-DUTIES.
Creditors of Poldean
v.
Sharp
1738 ,June. 27 .
Case No.No. 1a.
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The Lords this day again found as they had done some years ago, (though I remember not the year or parties,) that feu-duties not separated from the superiority by decreet
or assignation descended to the heir in the superiority and not to the superiors executors; so that it seems now fixed that such feu-duties are heritable both quoad creditorem et debitorem, which is agreeable to the analogy of our law, since a novodamus was always a good discharge of all bygones whensoever fallen due, and is agreeable to the decision 14th December 1676, Earl of Argyle, (Dict. No. 35. p. 842.) though not to the reasoning of the case 11th July 1673, Faa, (Dict. No. 20. p. 5449.) There was nothing else material in this case, and I do not keep the papers.
The electronic version of the text was provided by the Scottish Council of Law Reporting