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Scottish Court of Session Decisions >>
David Blyth and Duncan v Beaty and Andersons. [1683] 3 Brn 478 (8 November 1683)
URL: http://www.bailii.org/scot/cases/ScotCS/1683/Brn030478-0713.html Cite as:
[1683] 3 Brn 478
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 8 November 1683
David Blyth and Duncan v. Beaty and Andersons
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David Blyth and Dunean against Beaty and Andersons is reported by Lord Blair, Probationer.
There are three brethren: the youngest conquished lands, and dies infeft therein: his only child and daughter is infeft after his death, as heir, and so it becomes of the nature of heritage, and she dies. The two uncles debate about the succession: the immediate elder, or mid-brother, alleges it is his, and cites a decision in his favours, recorded by Stair, 20th July 1664, Lady Clerkingon against Stewart. The eldest of the three contends it is his right, seeing it would only fall to the immediate elder, if it had been conquest, which it ceased to be; and that he is the stipes and representative; and that the foresaid case of Stewart was not fully debated, nor considered, but done without opposition; and that Craig was for the eldest brother, Feud. p. 245.
The Lords, not being fully satisfied with the justness of that decision in 1664, ordained this point to be farther heard and reasoned in their own presence.
