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In a process upon the passive titles, the defender acknowledged his intromission with the heirship moveables, but that it was in virtue of a disposition from his father. Objected, That the disposition was null, retenta possessione. The Lords sustained the answer, that the father and son lived in the same house, and that it must be reputed the son's possession, he being married, and the father old and infirm and a widower.
Fol. Dic. v. 2. p. 156.
*** This case is No 39. p. 9681, voce Passive Title.
