Any colourable title of intromission found to elide the passive title.
Brown v. Lawson
Date: 6 July 1664 Case No. No 177.
Found in conformity with the above.
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Alexander Brown having obtained a decreet against William Lawson as vitious intromitter with the goods of umquhile Willam Lawson of Newmills, he suspends, and alleges the decreet was unjustly given, because it bears, that he excepted upon a disposition, made by the defunct for an onerous cause, and an instrument of possession of the goods before his death. The charger answered, That the decreet did bear, that the suspender did judicially acknowledge, that there was no true delivery of the goods.
The Lords found this colourable title sufficient to purge the passive title of vitious insromission, providing the defender confirmed within four months; for they thought the defunct's disposition in articulo mortis, was rather as a testament or legacy, in satisfaction of the defenders debt, than as actus inter vivos.
