Scottish Court of Session Decisions

Subject_1 PASSIVE TITLE.
Subject_2 DIVISION I.

Behaviour as Heir.
Subject_3 SECT. VIII.

Acts of the Heir proceeding from his Connection with the Predecessor.

Henryson
v.
Sinclair

1609. Feb. 23. 1610. Jan. 23.
Case No. No 53.

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In an action of transferring, pursued by James Henryson, as heir to Marion Sinclair, his mother, who was only daughter and heir procreate betwixt Edward Sinclair of Drydane and Margaret Ramsay, his first spouse, daughter to David Ramsay of Bangour, against John Sinclair, his father, who was heir or successor to the said Edward Sinclair, procreated upon Beatrix Renton, his second spouse, which Edward was heir or successor to Sir William Sinclair, his father, party contractor, to hear and see the (contract) matrimonial made betwixt the said Sir John and Edward, his son, on the one part, and the said David Ramsay and his said daughter on the other part, and registered in the official's books of——, 10th April 1618, whereby Sir John was obliged to infeft his said son and future spouse in the most half, at the least the best half of his lands of Lesswood, Piccars, and Drydane; the Lords found Edward Sinclair to be successor titulo lucrativo to Sir John, his father, by accepting the infeftment contained in the said contract of marriage.

Kerse, MS. fol. 141.