The disposition must flow from the father. - The disponee must be apparent heir in the subject. - Effect of the disponee dying before his father. - Disposition in trust for behoof of the apparent heir. - What must be the nature of the subject disponed to infer the passive title? - Acceptance of the disposition sufficient. - Bonds disponed to the heir will be presumed to have been heritable, in order to infer the passive title.
William Gray v. William -
Date: 13 July 1625 Case No. No 103.
Click here to view a pdf copy of this documet : PDF Copy
The Lords found, That an universal successor post contractum debitum is obliged in solidum for the debts contracted before, and may not renounce; the Lords disponed to him to liberate himself.
Found the contrary, Mr David Curtie against John Weems, No 120. p. 9790.
