Where Possession commenced lawfully, the continuing in Possession will not be Vitious Intromission.
Allan's Executors v. Lander
Date: 16 January 1628 Case No. No 162.
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A husband after his wife's decease, cannot be convened as vitious intromitter with her goods to pay her debt, being dominus omnium ejus honorum, and continuing only in that possession after her decease which he once as husband had lawfully acquired.
Fol. Dic. v.2. p. 42. Durie. Spottiswood.
*** This case is No 135. p. 5931. voce Husband and Wife.
*** A similar decision was pronounced 7th February 1629, Brown against Dalmahoy, No 136. p. 5932. voce Husband and Wife.
