Subject_1 HERITABLE and MOVEABLE. Subject_2 SECT. I.
Nature and Distinctions of each.
Mrs Annabella Wight, and Others, v. William Inglis, and Others
Date: 10 February 1796 Case No. No 17.
Hay produced from seed sown along with barley and wheat in spring 1794, and cut down in summer 1795, was found, in a competition between the heir and executor of the proprietor, who died in December 1794, to belong to the heir.
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In spring 1794, William Simpson sowed clover and rye-grass along with wheat and barley, on about 70 acres of land belonging to him. He died in December following, and Mrs Wright and others, his executors, afterwards brought an action against William Inglis, and his other heirs, concluding that the hay-crop in summer 1795, produced from the seeds sown in 1794, should be found to belong to them as an artificial fruit.
The arguments used by the parties were, in substance, the same with those to be found in the case of Dame Sydney Sinclair against Dalrymple, No 6. p. 5421.
The Lord Ordinary reported the cause.
Observed on the Bench; The hay in question is to be considered as a second crop, and as such belongs to the heir. It is true, the first crop would, in this case, be of little, or perhaps no value; but that arose entirely from wheat or barley having been sown along with the grass seeds; and as the crops arising from the former were reaped by Mr Simpson, the executors are by that means fully indemnified for the deficiency or loss of the first crop of grass.
The Lords unanimously assoilzied the defenders.
Lord Ordinary Eskgrove.Act. Cullen.Alt. Davidson.Clerk, Pringle.
Fac. Col. No 201. p. 482.
