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Scottish Court of Session Decisions >>
Duke of Hamilton v The Earl of Selkirk. [1740] Mor 5554 (8 January 1740)
URL: http://www.bailii.org/scot/cases/ScotCS/1740/Mor1305554-112.html Cite as:
[1740] Mor 5554
Subject_1 HERITABLE and MOVEABLE. Subject_2 SECT. XVIII.
Accessory Security.
Duke of Hamilton v. The Earl of Selkirk
Date: 8 January 1740 Case No. No 112.
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Found, that not only irredeemable dispositions, but also adjudications, heritable bonds descendible to the heirs and assignees of the defunct, although no infeftment had followed thereon, descended to the heir of conquest; but that the right of succession to bonds secluding executors, and containing no obligation to infeft in lands, descended to the heir of line.
Found also, that a personal bond of corroboration taken by the defunct to heirs secluding executors, of the principal sum and annualrents contained in an heritable bond, and in which bond was also contained a further new sum borrowed of that date, did not alter the succession as to the principal sums contained in the original bond which devolved to the heir of conquest, but that all the further sums contained in the bond of corroboration descended to the heir of line. See Heritage and Conquest.
