In which circumstances intromission does or does not infer a Passive Title. - Action transmits against heirs in valorem only.
Mowat and Dagers v. Pennie
Date: 5 February 1636 Case No. No 149.
One of two sisters, who had lived in the same house, having sold some trifling articles belonging to the other, was found universally liable.
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Umquhile Dagers having pursued Christian Pennie before the Commissaries of Edinburgh, as executrix to Dagers his debtor, for payment of the debt; and after litiscontestation, the said Christirn Pennie dying, this act and process is desired to be transferred in Bessie Pennie, sister to the defender, as universal intromissatrix with her goods and gear; which summons being admitted to probation against her, (she not compearing) the Lords found the summons proven against her, and decerned against her hoc nomine as universal intromissatrix, albeit the probation bore this only, and no more, viz. That the two sisters dwelt together in a little house, where the said sister died, after whose decease the other sister the defender, intromitted with a little timber bed and a pint stoup, which pertained to the defunct, and which the defender sold, and all wherewith she intromitted were not worth so much money as would pay a term's mail of the house wherein they dwelt, and would not extend to six or seven pounds, or thereby; which the Lords found sufficient to make her liable as universal intromissatrix, seeing no party compeared to propone any defence of hypothecation of the said goods to the said heritor for the house mail, albeit the debt for which the defender was pursued, exceeded hundred pounds.
Act. Mowat.Alt. ——.Clerk, Gibson.
Fol. Dic. v. 2. p. 41. Durie, p. 792.
