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Scottish Court of Session Decisions >>
Barbara Baikie v Arthtr Sinclair. [1786] Mor 5545 (16 January 1786)
URL: http://www.bailii.org/scot/cases/ScotCS/1786/Mor1305545-101.html Cite as:
[1786] Mor 5545
Subject_1 HERITABLE and MOVEABLE. Subject_2 SECT. XVII.
Adjudication upon Moveable Bonds.
Barbara Baikie v. Arthtr Sinclair
Date: 16 January 1786 Case No. No 101.
The annualrents due on a decree of adjudication, go to the heir, and not to the executor, of the adjudger.
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The same competition here occurred as in the case of Ramsay contra Brownlie, No 99. p. 5538. where it was determined, ‘That the whole sums contained in a decreet of adjudication, whether principal, annualrents, or penalties, belonged to the heir, and not to the executor of the adjudging creditor.’
On this occasion, the Court declined entering into a discussion of the question, as a departure from a general rule, so solemnly established, might be attended with bad consequences.
The Lords preferred the heir.
Lord Ordinary, Gardenston.Act. David Smyth.Alt. Tait.Clerk, Menzies.
N. B. The case of Willochs contra Auchterloney, decided in the House of Lords, 30th March 1772, No 100. p. 5539. was much insisted on in behalf of the executor, as a determination contrary to the principles formerly adopted. The Lords, however, considered that decision to have arisen from a destination made by the adjudging creditor, which had the effect of altering the course of the legal succession.
