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Scottish Court of Session Decisions >>
James Aikenhead v Marjory Aikenhead. [1663] Mor 16994 (25 February 1663)
URL: http://www.bailii.org/scot/cases/ScotCS/1663/Mor3816994-253.html Cite as:
[1663] Mor 16994
Assignation by a father to his natural son, in his repositories at his death, found good without delivery.
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The said James insists for the delivery of a bond granted to his umquhile father, and assignation thereto, by his father to him, against the said Marjory, producer thereof. It was alleged, no delivery, because the assignation, in favours of the pursuer, was never delivered, but kept in his father's possession, which cannot be accounted his possession, seeing the pursuer is a bastard; 2dly, The conception of the assignation is to the pursuer and his heirs; which failing, to the said Marjory, and her heirs, and he being now minor, ought not to dispose of the sum in her prejudice.
The Lords repelled the defences against the delivery, and found that the pursuer, during his minority, should not uplift the sum, till the defender was called, and had access to plead her interest.
