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Scottish Court of Session Decisions >>
Douglas of Kirkness v Ayton of Inchderny. [1695] 4 Brn 245 (17 January 1695)
URL: http://www.bailii.org/scot/cases/ScotCS/1695/Brn040245-0553.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Douglas of Kirkness v. Ayton of Inchderny
Date: 17 January 1695
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Douglas of Kirkness against Ayton of Inchderny, in an exhibition ad deliberandum. The Lords were clear, that an apparent heir might call for inspection of the moveable estate, as well as the heritable and real; because, otherwise, he could not deliberately know whether it was hœreditas lucrosa or damnosa; and that quoad all writs granted to the defunct, and all granted by him to his wife, children, servants, and others in familia, but no further: as was solemnly decided, 6th December 1661, Telfer against Sornbeg. But, in regard the defender clothed himself with a simple and absolute disposition from the defunct, therefore they refused process, the defender producing that right, which totally denuded the defunct; but, if it bore any reservations, conditions, or qualities, it would be otherwise.
