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John Cheisley of Dalry v James and Robert Chiesley. [1681] 3 Brn 405 (22 June 1681)
URL: http://www.bailii.org/scot/cases/ScotCS/1681/Brn030405-0568.html Cite as:
[1681] 3 Brn 405
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
John Cheisley of Dalry v. James and Robert Chiesley
Date: 22 June 1681
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John Cheisley of Dalry pursuing an exhibition ad deliberandum against James and Robert Cheisleys, his brether: Alleged,—He had no interest; because, by a, ratification granted by him to his father, he had ratified all the rights granted by his father to his said two brothers; and so it is, that their father had disponed all his estate (except what he formerly had given his eldest son, now pursuer,) in their favours. 2do, He, being heir, could not call for moveable bonds, bills of exchange, and a sight of the count books, and other personal estate, he having no interest in the executry by law.
The Lords, on Pitmedden's report, found that the ratification did cut him off from craving this exhibition, if the defenders produced a general disposition from the father to all his estate, both personal and real, except the lands of Dairy and Gorgie, formerly disponed to the pursuer. But ordained them to depone anent their having of all personal bonds, discharges, tickets, bills of exchange, count-books, &c. to the effect he may understand to liberate and disburden his estate, that, by abstracting thereof, he nor his estate may not be affected therewith as heir.
