References: [1712] UKHL Robertson_32, (1712) Robertson 32
Links: Bailii
Ratio: Lis finita – After extracting a decreet, with a reservation therein of several point, the objection of Lis finita and that these points were not contained in the original summons, is sustained by the Court, but reversed upon appeal.
Funeral expences. – In a question between the heir and the assignee of the executrix of a Lord Justice Clerk, 250 l., being modified, as sufficient for funeral expences, the judgment is reversed.
Prescription. – Furnishing to the funeral did not form such a continuation of accounts as to bar the triennial prescription of accounts incurred before the death of the deceased.
Subject Confirmation. – The Court having refused to allow to the assignee of an executrix in a question with an heir served cum beneficio, the expences of an action before them relative to the right of confirmation between the executrix and the father of the heir served cum beneficio, the judgment is reversed.
Last Update: 25 December 2017
Ref: 553456
The post Adam Cockburn of Ormiston, One of The Senators of The Court of Justice, and Dame Ann His Wife v John Hamilton of Bangour, A Minor, By His Curators: HL 28 Mar 1712 appeared first on swarb.co.uk.
