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Scottish Court of Session Decisions >>
Gilhagie v Wardrop. [1634] Mor 13900 (7 February 1634)
URL: http://www.bailii.org/scot/cases/ScotCS/1634/Mor3213900-007.html Cite as:
[1634] Mor 13900
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One Gilhagie, for debt owing by umquhile ——— Wardrop, having obtained decreet against Wardrop's son, as lawfully charged to enter heir to him, and having arrested the mails and duties of his lands therefor, and having obtained sentence to make the same furthcoming, and also having comprised the said lands from the said son, as charged to enter heir to his said father, who was debtor, and thereupon being infeft, the tenants who were decerned to make the mails furthcoming, suspend, that they were distressed therefor by the creditor, and also by the son; who compearing, claimed the mails as due to him, who was infeft in the lands by hasp and stapple, as heir to his goodsir, and not to his father; likeas he renounced to be heir to his father; and the creditor opponing his sentence, comprising and infeftment, which he alleged could not be taken away this way without reduction, seeing his renouncing to be heir, might well hinder personal execution, but could not stay any real execution;—the Lords found the son's allegeance relevant, that he renounced to be heir to his father, and that he was infeft as heir to his goodsire, and received the same in this place, by way of suspension, and double poinding, without necessity to reduce; seeing that renunciation to be heir was found sufficient to stay all execution both personal and real against the son, for all things which he bruiked, and pertained to him otherwise than as from his father, seeing it was never alleged by the creditor, that ever the father was infeft in the lands comprised.
