Scottish Court of Session Decisions

Subject_1 HERITABLE AND MOVEABLE.

Heirs and Executors of Sir James Rochead

Date: 6 November 1739
Case No. No. 10.

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Merchiston and Blair having disponed their estates to trustees for their creditors, and among others Sir James Rochead; and Sir James and the other creditors having assigned their debts to these trustees in order to adjudge, which they accordingly did, Sir James having died after part of the common debtor's lands were sold, but before the whole were sold, the Lords found Sir James's debt, so far as corresponded to his share of the price of the lands sold moveable, and to descend to his executors, but found the rest of the debt heritable, and to descend to the heir. Vide supra the case of the Creditors of Cave, (No. 4.) and of the Heirs and Executors of Principal Smith, (No. 6.) and infra, 13th July 1748, Sir William Dunbar against Lady Dipple, (No. 14.) (See Dict. No. 187, p. 5590.)

*** The Lords found also in this case, that annualrents or heritable bonds which were payable at Candlemas and Lammas, and he having died the first of May, that the annualrents payable at the Candlemas preceding were moveable, and the subsequent annualrents heritable, and altered the Ordinary's interlocutor, which made the annualrents from the Martinmas preceding heritable.