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Scottish Court of Session Decisions >>
Rollock v Grant. [1683] Mor 5528 (6 March 1683)
URL: http://www.bailii.org/scot/cases/ScotCS/1683/Mor1305528-087.html Cite as:
[1683] Mor 5528
Subject_1 HERITABLE and MOVEABLE. Subject_2 SECT. XV.
Of Sums Moveable notwithstanding of real Security.
Rollock v. Grant
Date: 6 March 1683 Case No. No 87.
A moveable bond, though eiked to a reversion of wadset, but not registered in the register of reversions, was found to belong to the executor.
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Rollock, as executor to ———, having pursued for payment of a sum due by Grant to the defunct, which bond was an ordinary bond, payable at a term, and bore this provision, That it should not be lawful to the granter, the debtor, to redeem a wadset which he had formerly granted for another sum, unless he made payment of this sum likewise, which is declared to be eiked to the reversion; it was alleged, That this sum, although conceived in terms of a moveable bond, yet bearing to have been eiked to the reversion of a wadset, was heritable as the sums upon wadset.—It was answered, That the said bond was moveable, payable at a certain term; and the same not being registrated in the register of reversions, the nature of the bond was not altered.——The Lords found the foresaid bond, albeit containing an eik in the terms foresaid, remained moveable, and belonged to the executor, in regard it is none of the species of heritable bonds contained in the act 1661, cap. 32. as not secluding executors, nor bearing a clause of infeftment.
Fol. Dic. v. 1. p. 371. P. Falconer, No 55. p. 36.
