Subject_1 SERVICE AND CONFIRMATION. Subject_2 SECT. VI.
Intromitters with the Defunct's effects may be pursued directly without Confirmation.
Cranston v. Adieson
Date: 6 December 1628 Case No. No. 48.
Process sustained at a relict's instance for goods belonging to her husband at his death, although alleged, that she could have action only for her own part; this because she had had possession before the intromission of the nearest in kin not confirmed.
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In, an action, a wife pursuing her good-son, married on her daughter, as intromitter with divers goods and bestial, and other, gear pertaining to her, and being in her possession divers years before, for rendering the same to her; this action was sustained at the pursuer's instance for the same, albeit it was alleged, that she could have no interest to pursue therefore, seeing the same pertained to her husband, and was in his possession when he died, so that the same pertained to his bairns and executors, of whom the defender's wife was one, and his relict could have no right but to her own part thereof; which allegeance was repelled, and the action sustained at the relict's instance for the whole, in respect of the libel, bearing her own possession divers years before the defender's intromission, and since her husband's decease, and that she offered to find caution to warrant the defender at all hands, who might claim right thereto by her husband's decease; which the Lords found relevant, seeing the defender was not decerned nor confirmed executor to the defunct.
Act. Craig.Alt. Hart.Gibson, Clerk.
Fol. Dic. v. 2. p. 370. Durie, p. 407.
