[1628] Mor 9654
Subject_1 PASSIVE TITLE.
Subject_2 DIVISION I. Behaviour as Heir.
Subject_3 SECT. II. Intromission with the Predecessor's Rents is a Behaviour. What understood to be the Predecessor's Rents.
Date: Farquhar
v.
Campbell
22 March 1628
Case No.No 5.
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Intromission by an apparent heir with the rents of a subject, whereof his father died in possession, found not to infer behaviour, it being afterwards understood, that the defunct had no right to the subject, but a third party, to whom the apparent heir behoved to account for his intromissions; and, therefore, the creditors were not prejudged by the apparent heir's intromission with a subject which did not belong to their debtor.
*** This case is No 152. p. 9022. voce Minor.
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