Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.

Mary Scott, Lady Bannatyne,
v.
Sir William Scott of Harden

Date: 10 February 1631

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The common practique about the charging heirs-apparent to enter to their predecessors is, that they may be charged any time within the year, but summons cannot be raised upon the charge till year and day expire. And the reason why they may be charged at any time, seemeth to have been at first that inhibition might be served against them, which was not wont to be granted but upon some ground of a charge or action depending, &c. But now inhibition has been granted against an apparent heir without any preceding charge; for, if he enter not heir, the inhibition will work nothing; and if he enter, reason would that it should take effect to the behoof of the creditor. This was found between Mary Scott, Lady Bannatyne, and Sir William Scott of Harden, that an inhibition served against Simeon Scott of Bannatyne, heir-apparent, should be effectual for hindering him to dispone his lands, albeit there had no charge preceded nor any other dependence at all.

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