Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 GENERAL ASSIGNATION.
Subject_3 Disposition of all sums of money due by bond, does not comprehend those due by heritable bonds.

Robert Colt
v.
George Waddell

Date: 15 February 1789

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[Fac. Coll. X. 111; Dictionary, 5,022.]

Hailes. Mr Waddell improperly affects ignorance of the relation of Mr Colt to the testator; and still more improperly insinuates that Oliver Colt was an heredipeta. One might imagine, from Mr Ross's information, that Oliver Colt gave Garturk a good dinner once a-week, whereas they lived at a great distance from each other, and had very little communication. Such liberties ought not to be taken. It seems impossible that wadsets and adjudications, rights of property, can fall under a clause where bonds is the leading word. But I doubt how moveable bonds should be comprehended under the generality, and not heritable bonds also?

Swinton. I had great hesitation in pronouncing this interlocutor; but I chose to follow the precedents of the Court. I think that wadsets do not fall under the clause; but may not adjudications come under the word decreets?

President. I am clear as to the intention of the testator; and what authority to limit the general term of bonds to such as are personal?

On the 13th February 1789, “The Lords decerned in favour of George Waddell;” adhering to the interlocutor of Lord Swinton.

For Waddell, pursuer,—M. Ross. Alt. R. Blair.

Diss. as to adjudications, Swinton.

Diss. as to heritable bonds, Swinton, Hailes, Dunsinnan, President.