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.
Dunbar v. Leslie
Date: 8 July 1628 Case No. No 104.
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The Lords found, That a charter granted to an heir of the lands of which his father was heritor before, the said charter flowing from no deed done by the father to the son, but proceeding upon another party's resignation in favour of the son, having no dependence or relation to the father's right, made not the son to be lucrative successor to the father in these lands.
Fol. Dic. v. 2. p. 35. Durie.
*** This case is No 15. p. 5392, voce Heirship Moveables.
