Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JAMES FERGUSON OF KILKERRAN.

Cunningham
v.
Livingston

Date: 18 February 1737

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This case is reported by C. Home, (see Morrison, p. 11660.) by whom the circumstances are stated at length. It is also noticed by Elchies [1egacy, No. 4.) Lord Kilkerran's note upon it is as follows :—

February 10, 1737. “The Lords adhered to the interlocutor refusing the bill of advocation, being of opinion that however bonds and lying money are moveables, yet here the only question is, what was the intention of the defunct by these words “moveables and furniture lying in such a house,” which was thought could only be understood household plenishing; and I cannot but mention one thing which occurred on this occasion. One of the judges having declared his opinion, that the above clause comprehended bonds, another asked in what place a jus crediti could be said to lie in this house, or elsewhere. The lying money was not subject to that ridicule; but still the intention was not found to comprehend it; and as to the decision, July 15, 1673, Robson v. Robson, where a clause of conquest of lands and annualrents, goods and gear, was found to comprehend bonds, suggested from the bench, it was not found to meet, for there, so appeared to be the intention. The only question was as to the medal, and I cannot say that any thing was spoke to as to that; it rather passed in cumulo.”