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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
Date: Grant
v.
Grant
6 January 1682 Click here to view a pdf copy of this documet : PDF Copy
One being pursued as heir to a person who had vitiously intromitted with the goods of the pursuer's debtor,—the Lords found, that action for vitious intromission, being penal, non transit in hæredes, where lis is not contestata with the intromittor in his lifetime; but found, that the pursuer might confirm himself executor-creditor to his debtor, and recover the goods intromitted with, if extant, or the value thereof, as accords.
Page 6, No. 27.
The electronic version of the text was provided by the Scottish Council of Law Reporting