Hugh Wallace of Ingliston v Sir Alexander Hope of Kerse, Bart: HL 3 Jun 1713

Jus Exigendi. – A Lady’s jointure being secured on certain heritable debts but no infeftment taken, the husband’s estate is forfeited during the Usurpation, but being afterwards restored to his heir, reserving the claims of the widow and others, and ordering those to refund, who had received grants out of the estate; the assignee of the widow’s executrix had no jus exigendi of the sums received by these grants.
Subject Forfeiture under Cromwell’s Usurpution.- The Earl of Forth, and Bramford being forfeited, and his estate seized, a bona fide creditor of the then government, is paid his debt by a grant out of the Earl’s estate: on the restoration, the Court of Session found that the heir of such creditor was obliged to refund, but their judgment was reversed in the parliament of Scotland.
This last head is only mentioned incidentally but not decided in this case.

[1713] UKHL Robertson – 91, (1713) Robertson 91

Scotland, Land

Updated: 04 January 2022; Ref: scu.553464