BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
Scottish Court of Session Decisions |
||
|
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Agnes Lighton and Archibald Stewart v The Relict of Andrew Lighton. [1623] 1 Brn 128 (11 July 1623) URL: http://www.bailii.org/scot/cases/ScotCS/1623/Brn010128-0264.html |
||
[New search] [Printable PDF version] [Help]
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.
Date: Agnes Lighton and Archibald Stewart
v.
The Relict of Andrew Lighton
11 July 1623 Click here to view a pdf copy of this documet : PDF Copy
In an action of exhibition pursued by Agnes Lighton, executrix confirmed
to Andrew Lighton her father, and Archibald Stewart, assignee constituted by James Lighton heir served and retoured to the said Andrew; against his relict for exhibition and delivery of some bonds and obligations: The executrix urged, that the assignee to the heir, before the heritable bonds were delivered to him, might find caution to free her of all the heritable burdens whereunto the heir would be liable. Answered, He, being a singular successor, cannot be obliged thereunto; but let her pursue the heir, from whom, not being inhibited, he might lawfully take a disposition to the said bonds. The Lords, in respect the disposition made by the heir was omnium bonorum, thought it behoved transire cum onere; and that the assignee should be in no other case than the heir himself would have been; whereas, if he had been assigned to particular bonds, there had been no question but the cedent could not have been obliged to free the executrix of the said heritable burdens, except the heir had been inhibited before. Page 22.
The electronic version of the text was provided by the Scottish Council of Law Reporting
