Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL
Subject_2 WINTER SESSION 1976.

Dr Haliburton
v.
Lord Balmerino

Date: 13 December 1676

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Dr Haliburton, one of the creditors of the last Lord Coupar, had a favourable interlocutor against the Lord Balmerino, who had got that estate. The Lords found, where an apparent heir, (such as Balmerino was to Coupar,) caused comprise the predecessor's estate for a debt owing by the said apparent heir himself before his interest exists by his predecessor's decease, it shall infer gestionem pro hærede, (as in the Earl of Nithsdale and Glendyning's case was determined by act of sederunt in 1662;) if the apparent heir enter in possession by that comprising, either by communicating it to others, who bruik by it and have no other better right, or by uplifting the maills and duties, or by entering vassals. And Haliburton was very clear he could fasten some of thir qualifications on Balmerino. But their refuge was that he was insolvent, denuded of all, and in familia with his son. See the information of it. Vide supra, No. 453, in December, 1675, Kello.

Advocates' MS. No. 522, folio 270.