Possession, how presumed, and what presumed from it.
Subject_3 SECT. II.
Possession of Moveables presumes Property.
Abercromby v. Story
Date: 16 February 1687 Case No. No 286.
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The cause of Abercromy and Story was called in præsentia, that it might be the subject of Lord Lochore's trial. A relict continues in the possession of her first husband's goods, and marries again. The children of the first husband claim the goods, as once belonging to their father. Alleged, Possession is a sufficient title in moveables. Answered, It is but a presumption; and I take it off by a positive probation, that the goods were my father's. The Lords preferred the children.
Fol. Dic. v. 2. p. 161. Fountainhall, v. 1. p. 448.*** Harcarse reports this case:
1686. March.—A woman having, after a treaty of second marriage, disponed a caldron and some brewing looms to her children of the first marriage, reserving her liferent use thereof, and delivered the same by an instrument of possession, and the husband being pursued for the same after her decease; it was alleged for the defender, That the disposition was granted contra fidem tabularum nuptialum; for it was after the marriage-treaty with the defender, and there was no contract. Again, the disposition being made retenta possessione, it was simulate, and the subsequent marriage was a legal assignation to the goods disponed.
