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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> John Ewing, Writer to the Signet, v William Rowan, Merchant in Greenock. [1711] 5 Brn 73 (15 June 1711)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by WILLIAM FORBES, ADVOCATE.
Date: John Ewing, Writer to the Signet,
v.
William Rowan, Merchant in Greenock
15 June 1711 Click here to view a pdf copy of this documet : PDF Copy
John Ewing, husband to Margaret Rowan, heir of tailyie and provision to John Rowan of Bedland, her father; having, as assignee to several moveable debts owing by John Rowan, pursued William Rowan for payment, upon the passive title of vitious intromission with John Rowan's moveable effects: the Lords found, that Margaret Rowan, being heir of tailyie to the debtor, the pursuer could not insist to make the defender liable passivè, but only in valorem of his intromission. Albeit an intromitter with a defunct's moveable effects, is universally liable to his creditors; and the pursuer had action competent to him, for relief out of the defunct's executry.
Page 507.
The electronic version of the text was provided by the Scottish Council of Law Reporting