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Boswell v Kinninmonth. [1612] Mor 17011 (17 March 1612)
URL: http://www.bailii.org/scot/cases/ScotCS/1612/Mor3817011-276.html Cite as:
[1612] Mor 17011
Writs defective in Solemnities, Whether capable of Support, so as to furnish Action?
Boswell v. Kinninmonth
Date: 17 March 1612 Case No. No. 276.
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Boswell pursued Kinninmonth as universal intromitter with his father's gear to pay him the by-run teinds of divers years. The defender alleged that he could not be called as intromitter with his defunct father's gear, because divers years before his decease he made assignee to the tack, and possession of his means and goods and gear being therein, and by virtue thereof obtained possession divers years before his decease. It was alleged that the assignation was null, being a matter of consequence, and only subscribed by one notary. It was answered, That since the date thereof, the cedent had in effect approved the same, by giving an acquittance subscribed by two notaries of a year's duty appointed to be paid to him by the said assignation, which the Lords found relevant.
