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Scottish Court of Session Decisions >>
Porterfield v Ker. [1600] Mor 9766 (00 January 1600)
URL: http://www.bailii.org/scot/cases/ScotCS/1600/Mor2309766-100.html Cite as:
[1600] Mor 9766
The disposition must flow from the father. - The disponee must be apparent heir in the subject. - Effect of the disponee dying before his father. - Disposition in trust for behoof of the apparent heir. - What must be the nature of the subject disponed to infer the passive title? - Acceptance of the disposition sufficient. - Bonds disponed to the heir will be presumed to have been heritable, in order to infer the passive title.
Porterfield v. Ker
Case No. No 100.
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In an action pursued by William Porterfield of that Ilk, as son and heir to Mr John Porterfield of that Ilk, contra Daniel Ker of Casland, as son and heir to Thomas Crawfurd of Jordan, and Janet Ker, his spouse; the Lords found the said Daniel Ker successor to his father, in respect he was infeft by his father post contractum debitum in the lands of Newmains of Inchipan. The Lords would not burden the pursuer to prove that his father was infeft.
