Any colourable title of intromission found to elide the passive title.
John Scot v. Sir Robert Montgomery
Date: 12 July 1666 Case No. No 178.
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John Scot pursues Sir Robert Montgomery, as vitious intromitter with the goods and gear of Sir James Scot of Rossie, to pay a debt due by Sir James to the pursuer. The defender alleged absolvitor, because any goods he intromitted with, were disponed to him for onerous causes, by the defunct, and delivered conform to an instrument of possession produced.
It was answered, That the disposition bears, horse, nolt, insight, plenishing, and all other goods and gear, which cannot be extended to any thing of another kind, nor of greater value, as current money, jewels, silver-plate, chains, &c. which never past by such general clauses, unless it be specially disponed. It was answered, That albeit there had been such moveables, and the defender had intromitted therewith, though another having a better right, might evict the same, yet the defender had a probable ground to intromit, which is sufficient to purge this odious passive title.
The Lords found the disposition and delivery relevant to purge the vitiosity.
