Scottish Court of Session Decisions

Subject_1 HERITAGE AND CONQUEST.

Earl of Selkirk
v.
The Duke of Hamilton

Date: 8 January 1740
Case No. No. 3.

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The Lords found, that not only lands, but heritable bonds or annualrents whereon infeftment followed in the defunct's person, go to the heir of conquest.

2do, That all dispositions or adjudications of lands provided to heirs whatsoever, though no infeftment followed on them, go to the heir of conquest.

3tio, That heritable bonds, though no infeftment followed on them, go to the heir of conquest, if they contain a clause of infeftment.

4to, That bonds secluding executors, but containing no obligement to infeft, descend to the heir of line.

5to, That bonds of corroboration of heritable bonds containing a clause of infeftment, alter not the right of succession of the original bonds as to the principal sums; and that therefore an heritable bond with a clause of infeftment, and some moveable bonds, being corroborated and accumulated with the annualrents, by a bond secluding executors but no clause of infeftment, that the principal sum in the original heritable bond goes to the heir of conquest but that all the further sums accumulated in the corroboration descend to the heir of line.

6to, That rights of lands or heritable bonds in third parties' persons in trust for the defunct, though without any written document of the trust, go to the heir of conquest.

7mo, That the defunct purchasing the property of lands whereof he was superior, expressly in order to consolidate the property and superiority together; that the property descends to the heir of line who is heir in the superiority; and the Lords were of the same opinion, though the intention had not been expressed.

8vo, That the defunct purchasing the teinds of his own lands, they go also to the heir in the lands, who here was the heir of line; and some thought that teinds should always go to the heir of line, because of their own nature they require no infeftment. (See Dict. No. 10. p. 5615.)

See Notes.