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Scottish Court of Session Decisions >>
Carnegy v Blair of Kinfawns. [1693] 4 Brn 113 (29 December 1693)
URL: http://www.bailii.org/scot/cases/ScotCS/1693/Brn040113-0261.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Carnegy v. Blair of Kinfawns
Date: 29 December 1693
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Halcraig reported Carnegy against Blair of Kinfawns, his brother of the first marriage. The Lords found the tutory might be produced cum processu; and, if there were none, they could authorise a curator ad litem. And as to the second point, having perused the contract of marriage, they found it was not a provision to any heritage, but to a sum of money, and that it run to the heirs or other children of that second marriage; and, therefore, there was no need of a service; but that the word heir was inserted designativè, and meant no more but one who, by his right of blood, might be heir: and therefore sustained his title in this process.
