Subject_2 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Anent Passive Titles
Date: 8 July 1671
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One being pursued super titulis passivis to pay a debt owing by his father, he alleged absolvitor from the titles as heir, successor tit. lucrativo, lawfully charged to enter heir, or gestion pro hærede, and such like; because he offers him to prove he had an elder brother in life who would only be heir, et adhuc vivere præsumitur, nisi mors allegetur. Answered,—They offered to prove he was killed at Chattam.
This was found relevant; and the Lord Craigie declared he needed not adduce witnesses thereon, but that testimonia might suffice in this case.
Then craved absolvitor from that vitious intrommitter, because offered to prove there was an executor confirmed; as also absolvitor from that of executor, because they condescended upon another who was executor.
