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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Creditors of Kinminnity v The Heir. [1749] 1 Elchies 292 (11 May 1749)
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Cite as: [1749] 1 Elchies 292
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[1749] 1 Elchies 292
Subject_1 MINOR.
Creditors of Kinminnity
v.
The Heir
1749 ,May 11 .
Case No.No. 12.
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Kinminnity's father was apparent-heir of Clyne, and possessed more than three years. After his death, some of his creditors obtained decreets of constitution against his infant son, for not producing a renunciation; whereas they renounced to other creditors,
who therefore got only decreets cognitionis causa. Both obtained adjudications, and the first on their constitutions included these lands of Clyne, wherein the infant is apparent-heir. The heir raised reduction, and produced a renunciation, and Tinwald, (now Justice-Clerk) reduced, except as to the lands whereof the father was three years in possession;—and he reclaimed to us; and we restored him, and sustained the adjudications only as if they were cognitionis causa. But this was reversed in Parliament, and the Ordinary's interlocutor affirmed.
The electronic version of the text was provided by the Scottish Council of Law Reporting