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Cite as: [1683] Mor 14003

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[1683] Mor 14003      
Subject_1 REPRESENTATION.

Elizabeth Farmer
 v.
Sarah Elder

 1683. March.
Case No. No 8.

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One being pursued as infeft upon a precept of clare constat, as heir to his father, the defender alleged, Absolvitor, because his father's right was reduced ex capite lecti, since the serving of him heir, and consequently his service must fall therewith. To which it was answered, That the defender being major cannot revoke.

The Lords found the defender not liable as heir, in respect the father's right was reduced. It was observed, That if there had been a general service, or a special service, which includes the general, the matter would have been more doubtful against the defender if any other thing fell under the general service.

 Fol. Dic. v. 2. p. 346. Harcarse, (Aires Gestio, &c.) No 39. p. 9.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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URL: http://www.bailii.org/scot/cases/ScotCS/1683/Mor3214003-008.html