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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Francis Hepburne of Beanestoune v Mr Robert Lawder. [1650] 1 Brn 464 (11 January 1650) URL: http://www.bailii.org/scot/cases/ScotCS/1650/Brn010464-1250.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.
Date: Francis Hepburne of Beanestoune
v.
Mr Robert Lawder
11 January 1650 Click here to view a pdf copy of this documet : PDF Copy
In the foresaid action of registration by Francis Hepburne of Beanestoune against Mr Robert Lawder, who had renounced to be heir; compeared Elizabeth Home, his father's relict, and alleged, That he could not be holden to renounce, seeing she offered her to prove, that, after his father's decease, he entered in his dwelling house, and not only put her to a corner, but also staid therein three or four months, using the best of his father's moveables, which are esteemed heirship; atque ita se immiscuit; et res non est Integra. But it was answered, That, the judges not being sitting all that time, and his father having a rich study, wherein there were many precious things; he came there to preserve [them] from his step-mother's fingers, while he might have a warrant from the judge for making up inventory of the same, that they might be forthcoming to all parties having interest, and not stolen by her: pro quibus daretur actio furti, et non rerum amotarum, soluto jam morte matrimonio. And the Lords found that intromission did not hinder him to renounce.
Page 157.
The electronic version of the text was provided by the Scottish Council of Law Reporting
