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Scottish Court of Session Decisions >>
Ker v Thomson. [1736] Mor 5211 (3 February 1736)
URL: http://www.bailii.org/scot/cases/ScotCS/1736/Mor1305211-013.html Cite as:
[1736] Mor 5211
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Where a defunct's succession splits, and he comes to be represented by two different heirs of line, which may happen in many cases, the heirs have no total relief one against another, but only in proportion to the subjects they succeed to: And, therefore, an heir having made up titles to a part of his father's estate, and his sister, after his decease, having made up titles to what remained in hæreditate jacente of the father, neglecting her brother's succession as overcharged with debt; in a question betwixt her and her brother's creditors, with respect to a bond of provision granted to her by her father, upon which she was a preferable creditor, the Lords found, that she could not draw the whole out of her brother's estate, but proportionally out of both, as well that part she succeeded to, as the part that her brother succeeded to. See Appendix.
