Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
William Syme v. Hamilton of Bardowie
1677.
June.
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William Syme, as assignee constituted to a bond owing by Hamilton of Bardowie, pursues Bardowie's son upon the passive titles. He alleged absolvitor from the passive title, as vitious intromittor with his moveable goods and gear; because he offers him to prove there is an executor confirmed before the intention of this cause. 2do, Absolvitor from the passive title, as intromittor with the maills and duties of his father's lands; because offers to prove his father was denuded of the fee of these lands in his favour.
Thir defences were found relevant to purge thir odious titles. But as to the alternative, successor titulo lucrativo post contractum debitum, it would not do against it. Vide infra, No. 575, [June, 1677, Kincaid against Gordon.]
