Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
Porterfield of Douchal
v.
Auchinbreck
1683 .November .Click here to view a pdf copy of this documet : PDF Copy
This passive title was sustained against an apparent heir, that he continued his predecessor's possession of some lands, wherein he died infeft; and found probable by the apparent heir's oath; albeit it was alleged, that he could not depone concerning the defunct's infeftment, that required solemnities he might be ignorant of. But the Lords declared, that, if the apparent heir denied the allegeance upon oath, the pursuer could not use any other probation of that passive title.
Page 10, No. 45.
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