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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> William Irvine v Agnes Irvine, &c. [1738] 1 Elchies 115 (22 November 1738) URL: http://www.bailii.org/scot/cases/ScotCS/1738/Elchies010115-010.html Cite as: [1738] 1 Elchies 115 |
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[1738] 1 Elchies 115
Subject_1 DEATH-BED.
William Irvine
v.
Agnes Irvine, &c
1738 ,Nov. 22, 28 .
Case No.No. 10.
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The Lords thought the obligement 1711 not delivered evident, and though it had, thought it alterable. They thought also that William, the substitute, could not quarrel the alteration any more than Christopher himself could quarrel, had he been cut out of the right. As to the decision of Sir John Kennedy and Arbuthnot, some of the Lords, par-ticularly Arniston, doubted if it was agreeable to law;—and I own so did I, but I did not think we should vary in so important points of our law. But we all agreed that there
was no consequence from that decision to the case where the alteration was all in favour of Christopher the disponee, and therefore found the pursuer had no title as heir or cre ditor to reduce the dispositions in favour of Christopher,
The electronic version of the text was provided by the Scottish Council of Law Reporting