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Scottish Court of Session Decisions >>
Grant v Grant. [1718] Mor 14377 (00 July 1718)
URL: http://www.bailii.org/scot/cases/ScotCS/1718/Mor3314377-019.html Cite as:
[1718] Mor 14377
Subject_1 SERVICE AND CONFIRMATION. Subject_2 SECT. III.
General Disponee.
Grant v. Grant
1718.
July. Case No. No. 19.
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Occurred in a process, whether a general disposition was a sufficient title without any thing done upon it, to carry an heritable subject, such as a bond secluding executors? It was contended not to be sufficient more than a general disposition of moveables, because it is destructive to creditors, that a representative should be liable no further than in valorem, and at the same time no check upon him to ascertain the extent of his intromissions. Answered, Our law has gone farther to secure creditors than perhaps the law of any other country, but there is nothing of human composition absolutely free of defects. It has always been held that a general disposition is equivalent to a general service, and this most obtain, till a new law be made, whatever inconveniences it be attended with. The Lords sustained the general disposition. See Appendix.
