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Scottish Court of Session Decisions >>
Ld. of Leyes v Forbes. [1675] Mor 5413 (18 June 1675)
URL: http://www.bailii.org/scot/cases/ScotCS/1675/Mor1305413-001.html Cite as:
[1675] Mor 5413
Subject_1 HERITABLE and MOVEABLE. Subject_2 SECT. I.
Nature and Distinctions of each.
Ld of Leyes v. Forbes
Date: 18 June 1675 Case No. No 1.
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Where the order of redemption and declarator was after the wadsetter's death, the wadset sums were found to belong to the heir and not to the executor, because as to heritable and moveable, subjects are considered as they are at the defunct's death; and in this case at the death of the wadsetter the wadset was a subsisting real right.
Fol. Dic. v. 1. p. 367. Stair.
*** See the particulars of this case, No 6. p. 286.
