Scottish Court of Session Decisions

Subject_1 HEIR AND EXECUTOR.

Sir W Dalrymple
v.
Lady Dalrymple

1744, Dec. 7.
Case No. No. 2.

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Sir John Dalrymple died 24th May 1743. He had a field of clover on the ground whereof that was the first year or crop, having been sown with the barley the preceding year 1742. There was also a field that had been sown with rape-seed but did not prosper, and the day he died a number of ploughs were yoked and ploughed the whole ground, and it was sown with barley. The competition was betwixt his relict, executrix, and his heir Sir William, for the crop of clover of the year 1743 and for the barley crop. There was also a competition anent other grass grounds, in respect Sir John survived Whitsunday; but as to this none of us made any difficulty that it belonged to the heir. We all agreed likewise as to the barley sown after his death,—but Arniston doubted. As to the clover we also adhered,—but Arniston differed,—and the case was mentioned of wheat sown at Lammas and the heritor's dying at or before Martinmas. The President thought the heir would have the crop, from which I own I differed, but I did not hear Arniston.