Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Claim upon the Estate of Struan. [1760] 5 Brn 878 (23 July 1760)
URL: http://www.bailii.org/scot/cases/ScotCS/1760/Brn050878-1086.html
[New search] [Printable PDF version] [Help]
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by JAMES bURNETT, LORD MONBODDO.
Date: Claim upon the Estate of Struan
23 July 1760 Click here to view a pdf copy of this documet : PDF Copy
In this case the Lords were all of opinion that an adjudication against an apparent heir upon a charge, whether of lands or of heritable bonds, carries only the rents from the date of the adjudication; contrary to what was decided in the case of Kilbuck, 1740, which the Lords all agreed was a bad decision. In such a case, where the heir behaves as heir, and intromits, the rents belong to him, and must be affected for his debt by arrestment; but in the case of his renouncing to be heir, and an adjudication thereupon cognitionis causa, the heir has no right to the rents, and the adjudication vests the estate in the creditor from the time of the defunct's death, and, consequently, he takes the intermediate rents by virtue of his adjudication.
The electronic version of the text was provided by the Scottish Council of Law Reporting