How the Passive Title of Lucrative Succession is purged. What sort of Creditors have the Benefit of this Passive Title.
Straiton v. Chirnside
Date: 27 January 1636 Case No. No 134.
Click here to view a pdf copy of this documet : PDF Copy
It was found relevant to infer this passive title, that the heir's right was reduced in foro contentioso by one of the father's creditors. And it being replied, That the heir got a sum of money for ratifying the decreet of reduction; this was not respected, because it was taking a sum not to be successor. But the Lords found, That if the pursuer could qualify any prejudice by this ratification, it might be considered how far such prejudice would be sufficient to bind this passive title upon the heir.
Fol. Dic. v. 2. p. 38. Durie.
*** This case is No 17. p. 5395. voce Heirship Moveables.
