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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Katherin and Elizabeth Scotts v John Hepburn. [1781] Hailes 889 (25 July 1781) URL: http://www.bailii.org/scot/cases/ScotCS/1781/Hailes020889-0567.html Cite as: [1781] Hailes 889 |
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[1781] Hailes 889
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 SERVICE OF HEIRS.
Subject_3 An adjudication on a trust-bond vests an active right in the trustee, and transmits it to his heirs.
Date: Katherin and Elizabeth Scotts
v.
John Hepburn
25 July 1781 Click here to view a pdf copy of this documet : PDF Copy
[ Fac. Coll. VIII. 130; Dict. 14,487.]
Braxfield. This method of making up titles has been established ever since 1621. In practice there are instances innumerable of this. Whenever I was not sure to what predecessor a man should serve, I always advised a trust-bond and adjudication in implement, as an excellent herry water net.
Kaimes. Why should words be used to prove what every man is satisfied of?
Gardenston. An adjudication, although for a sum below the value of the subject, is as good a title as a service is. Gordon against Ogilvie of Balbegno.
On the 25th of July 1781, “The Lords found that an adjudication upon a trust-bond vests an active right in the trustee, and transmits to his heir; and therefore preferred Katherin and Elizabeth Scotts;” adhering to the interlocutor of Lord Monboddo.
For J. Hepburn, G. Wallace.
Alt. G. Buchan Hepburn.
The electronic version of the text was provided by the Scottish Council of Law Reporting
