Hugh Ross, Esq. and Wife v. David Ross, Esq. [1771] UKHL 2

UKHL

Hugh Ross, Esq. and Wife v. David Ross, Esq.

[1771] UKHL 2 · 1771-04-10

Whether a certain clause in a deed carried heritable debts.

Vide Vide Morison, 5019, for a full report of this case.

In a conveyance of an estate, particularly described in the deed, there was adjected the following clause:

“All my goods, gear, debts debts , sums of money, corn, cattle, and all other effects, which shall belong to him at the time of his decease, of what nature or kind soever they are.”

It was held by the Court of Session that this clause did not carry heritable debts secured by adjudication or heritable bonds; and that these fell to the heir at law, although he was expressly cut off from the succession by the deed with a shilling.

On appeal to the House of Lords the judgment was affirmed.

Counsel: For Appellants, J. Dunning, Al. Forrester. For Respondent, Ja. Montgomery, Al. Wedderburn.