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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> the Earl of Kintore v the Laird of Tolquhon. [1682] 2 Brn 19 (00 March 1682)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
the Earl of Kintore
v.
the Laird of Tolquhon
1682 .March .Click here to view a pdf copy of this documet : PDF Copy
The Laird of Tolquhon, being pursued, on the passive title of behaviour as heir, by intromission, Alleged, That he had a warrant from the Lords of Session for what he did. The pursuer answered, That the defender had intromitted with more than was contained in the inventory allowed by the Lords' warrant. The defender replied, That there was an executor confirmed before intenting of the action against him. The pursuer duplied, That, albeit confirmation before citation will purge vitious intromission, it will not purify behaviour as heir by intromission w'ith heirship which is not confirmable; and the heir's election makes what he intromits with to be heirship, though it be not the best thing. The Lords found that passive title relevant among others; for several acts of behaviour were condescended on, as intromission with the charter-chest, and intromission with mails and duties, immediately after the defunct's decease.
Page 7, No. 34.
The electronic version of the text was provided by the Scottish Council of Law Reporting