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Scottish Court of Session Decisions >>
Wardlaw v Laird of Curriehill. [1605] Mor 6613 (6 March 1605)
URL: http://www.bailii.org/scot/cases/ScotCS/1605/Mor1606613-001.html Cite as:
[1605] Mor 6613
An apparent heir, with consent of the King's Advocate, may pursue improbation.
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A GNES Wardlaw, dochter and appeirand aire to umquhile Wardlaw of Waireistoun, persuit the Laird of Curriehill for improbation of his allegit richtis and infeftmentis of the lands of Waireistoun made to him by umquhile Richard Wardlaw of Waireistoun hir father. It was allegit, That the persewar could have na actioun, as appeirand aire, to impreive his evidents, because sche not beand aire, sche had na richt to the lands, and consequentlie had na entres to impreive, and her persute could not put the defender in tuto, for albeit he obteanit absolvitour against her, it would not stay ane uther being enterit aire to impreive of new. It was answerit, That the appeirand aire had gude entres to informe the advocat, becaus sche beand appearand aire of waird-lands, wha could not enter thairto while sche was of sufficient aige, that would not impeid her to impreive any evidentis of the lands whairof sche was appeirand aire, the delay of the whilk improbatioune till that age micht mak the means of the trew tryall to failzie be deceis of the witnesses insert, &c. Lykewyse ane liferenter micht impreive whilk wald not mak rem judicatam against the fiear. In respect whairof the Lords repellit the allegeance, and fand action at the instance of the appeirand aire, with concurrence of the advocat.
