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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Thomas Crawford v The Town of Edinburgh. [1666] 1 Brn 531 (31 July 1666) URL: http://www.bailii.org/scot/cases/ScotCS/1666/Brn010531-1384.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN BAIRD OF NEWBYTH.
Date: Thomas Crawford
v.
The Town of Edinburgh
31 July 1666 Click here to view a pdf copy of this documet : PDF Copy
Thomas Crawford, having obtained a gift of ultimus hares of one Oliphant, pursues the Town of Edinburgh, as they who were debtor to the defunct in the sum of 2400 merks, for payment thereof.
It was alleged for the Town, No process for payment of the money to the pursuer upon this gift, because it was not declared.
To this it was answered, No necessity of a declarator of a gift of ultimus hæres quoad mobilia, and sums of money:—1 mo. Because the King's right, as last heir, is founded super jure coronæ; and that the King, upon the decease of any person dying without agnate or cognate, may, brevi manu, intromit with the moveables belonging to the defunct; and is only liable to restore, si veras hæres appareat. 2do Such gifts cannot be declared otherwise nor by pursuits against the defunct's [debtors, for] payment; for the defunct, having no relations of blood, there can be no person competent to be called, against whom the declarator can be intented.
The Lords found there was a necessity of a declarator; and therefore found no process.
Page 82.
The electronic version of the text was provided by the Scottish Council of Law Reporting
