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Scottish Court of Session Decisions >>
Blair and Isobel Mitchell v Patrick Anderson. [1694] 4 Brn 141 (6 February 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040141-0320.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Blair and Isobel Mitchell v. Patrick Anderson
Date: 6 February 1694
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The case between Blair and Isobel Mitchell, his assignee, against Patrick Anderson in Perth, was reported. The Lords found the clause in the contract of marriage, providing all goods, moveable and immoveable, to the longest liver, comprehended the heritable bond of £100 Scots, whereupon infeftment had followed; seeing, with us, sums heritably secured were reputed inter immobilia; and we had not received that distinction made in the common law, of three species, bona mobilia et immobilia, et nomina debitorum. And as to the second defence, That she behoved to be served heir of provision to her husband ere she could have right to the sum,—the Lords found she needed not; because the words ran that it should fall and be disposed of by the survivor. But, seeing the debtor was the defunct's nephew, and nearest of kin, the Lords allowed him either to give her a precept of clare constat, whereon she might be infeft, and then renounce; or that she grant him a disposition, with a procuratory of resignation ad remanentiam; in his option.
