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Scottish Court of Session Decisions >>
A v B. [1685] Mor 3631 (27 January 1685)
URL: http://www.bailii.org/scot/cases/ScotCS/1685/Mor0903631-020.html Cite as:
[1685] Mor 3631
What falls under Single, what under Liferent Escheat.
A v. B
Date: 27 January 1685 Case No. No 20.
A bond of relief not being liquid falls not under escheat, unless there had been a distress prior to the denunciation by which the relief could take effect.
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This case was reported by Pitmedden, if a bond of relief and warrandice of an heritable sum secured upon infetment, falls under the single escheat of him to whom the said bond is granted, as being jus mere personale, or if sapit naturam surrogate, and assumes and participates of the nature of the heritable right to which it is accessory; ‘The Lords found, it not being liquid, that it could not fall under his escheat, unless there had been a distress prior to the denunciation by which the relief could take effect.' Yet, see Balmanno's Practiques, Edgar against Cant, voce Heritable and Moveable, where a bond of relief was found moveable, and to belong to executors, though the principal bond was of a different and heritable tenor.
Fol. Dic. v. 1. p. 254. Fountainhall, v. 1. p. 334.
