Subject_1 HERITABLE and MOVEABLE. Subject_2 SECT. XXVIII.
Effect of disposition of heritable subjects to trustees.
Murray Kynnynmound v. Cathcart and Rochead
Date: 6 November 1739 Case No. No 137.
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Where a disposition of heritable subjects was granted by a debtor to trustees for behoof of his creditors, and acceded to by the creditors, and thereafter a part of the subject was sold by the trustees for creditors' payment; in a question between the heir and executor of one of the creditors, the whole debt was found to be thereby rendered heritable, and to remain so at the creditor's death, except in so far as the creditor was entitled to draw of the sums therein contained out of such of the subjects as were sold by the trustees before his death; for in so far the bond was found to become again moveable, and to belong to the executors. Vide Term Legal and Conventional, eod. die inter eosd.
Fol. Dic. v. 3. P. 268. Kilkerran, (Heritable and Moveable.) NO 2. p. 243.
*** See Clerk Home's report of this case, No 4. p. 5415.
