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General Graham of Glavers v Lin of Larg. [1686] Mor 7809 (#date November 1686)
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[1686] Mor 7809
Not competent to object against a Party's title, without a Legal Interest. - What understood to be a Legal Interest.
General Graham of Glavers v. Lin of Larg
1686.
November. Case No. No 36.
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Clavers, as donatar to a forfeiture, pursues for payment of a sum due to the rebel. Alleged, The rebel was only assignee by an executor, who being a mere fiduciary for the behoof of legatars, creditors, and nearest of kin, he could not validly assign or transmit the right of the inventory of the testament; and by the executor's civil rebellion no more could fall but his own part. Answered, The executor was a creditor, and likewise one of the nearest of kin; and so his assignation is good, at least quoad his own interest. 2do, This is jus tertii, and not competent to the debtor. The Lords found it jus tertii, and so repelled the defense.
Fol. Dic. v. 1. p. 518. Fountainhall, v. 1. p. 426.
*** This case is reported by Harcarse, No 87. p. 3899, voce Executor.
