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Mr John Sandilands v Agnes Sandilands. [1680] Mor 5498 (17 June 1680)
URL: http://www.bailii.org/scot/cases/ScotCS/1680/Mor1305498-064.html Cite as:
[1680] Mor 5498
Subject_1 HERITABLE and MOVEABLE. Subject_2 SECT. XI.
Assignations of Bonds secluding Executors.
Mr John Sandilands v. Agnes Sandilands
Date: 17 June 1680 Case No. No 64.
A bond secluding executors, assigned in favour of one, and his heirs, executors, or assignees, is thereby rendered moveable.
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A Competition betwixt the Heir and Executors of Mr Robert Sandilands for 2000 merks. The heir claimed it, because it was provided to Robert himself, and failing him to his daughter Rachel, and her heirs and assignees, excluding executors, and that she had renounced it in her contract of marriage. Alleged, Her renunciation made it moveable, because she had renounced it in favour of her father, his heirs, executors, and assignees. Answered, This ought no more to alter the nature of the bond, (which was originally heritable,) than the assignation of an heritable bond altered the same in the person of the assignee. The Lords preferred the executor.
