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Scottish Court of Session Decisions >>
Reid v The Officers of State [1747] Mor 1355 (20 June 1747)
URL: http://www.bailii.org/scot/cases/ScotCS/1747/Mor0401355-015.html Cite as:
[1747] Mor 1355
How far a Donatary of Bastardy is liable for the debts of the Bastard. How a Debt against the Estate of a Bastard may be Constituted. Do Tacks pass to the Donatary?
Reid v. The Officers of State
Date: 20 June 1747 Case No. No 15.
A creditor of a bankrupt may take a decree of constitution against the Officers of State, and proceed to adjudge the estate of a bastard.
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Reid being creditor to a bastard, who deceast without heirs of his body, raised a summons against the Officers of State, concluding for a decreet of cognition for constituting his debt, and adjudication of the estate of the bastard.
No appearance was made for the Officers of State; but the Lords doubted how far this method was competent, thinking the proper way to affect the estate of a bastard, was to apply for a gift.
Pleaded, That this method was laid down by Stair, B, 3. tit. 3. § 46. who cited Craig, l. 2. D. 17. as of the same opinion, and a case where it was so found, No. 3. p. 1346.
Observed, That Craig in the cited place did not come up to the opinion delivered by Stair, he only saying that the bastard's estate went to the king burdened with his debts; which was also the whole of the decision; but as adjudication was the only diligence by which the effects of bastards could be affected, it ought to be granted.
The Lords found the bastardy proven, and the verity of the debt, and remitted to the Lord Ordinary to proceed accordingly.
Act. Williamson.Alt. Abrent.Clerk, Forhes.
Fol. Dic. v. 1. p. 90. D. Falconer, v. 1. No 190. p. 256.
