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The Lords found an heir or executor entitled to pursue a rei vindicatio of moveables that were in possession of the predecessor when he died; which being proved, the defender must restore, unless he can prove how he acquired them.
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John Inglis did pursue Sir David Inglis for L. 353, as the price of a pair of organs belonging to him, as moveable heirship which were in his father's possession the time of his death. It was alleged for the defender, That the said organs being inter mobilia, and possessed by him by the space of 24 years, the pursuer could have no action for the same, unless he could prove scripto vel juramento, that they did belong to him or his father, to whom he was heir. The Lords considering this as a general case, did find, that it was a sufficient title for an heir or executor to pursue for moveables, they offering to prove, that they were in the possession of the defunct, whom they represent, the time of his death; which being proved, the possessors were liable to restore the same, unless they could allege, and prove, that they had acquired the same by a legal right.
