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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Bower of Kilmadrum v the Earl of Mareschal. [1682] 2 Brn 18 (2 February 1682)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
Date: Bower of Kilmadrum
v.
the Earl of Mareschal
2 February 1682 Click here to view a pdf copy of this documet : PDF Copy
An apparent heir being pursued upon the passive title of gestio pro hærede, for having intromitted with some goods belonging to a defunct, which should be reputed moveable heirship, seeing that it is not the best, but any thing the apparent heir takes;—Alleged for the defender, That his intromission was by a warrant from the Lords of Session, empowering him to intromit and dispose of some plenishing for the behoof of creditors, and so was not vitious. 2. The defender was only heir of tailyie, and so had no right to heirship moveable, which falls to the heir of line. The Lords assoilyied the defender from the passive title. Vide No. 31, inter eosdem, (immediately below.)
Page 7, No. 30.
The electronic version of the text was provided by the Scottish Council of Law Reporting