Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by WILLIAM FORBES, ADVOCATE.

Jacob Moor, and his Factor,
v.
Sir Alexander Maxwell of Monreith

Date: 18 June 1712

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In the pursuit, at the instance of Jacob Moor, as creditor to the deceased William Houstoun of Cutreoch, against Sir Alexander Maxwell, for payment of William Houston's debt, upon the passive titles,—the Lords found the defender not liable as vitious intromitter; albeit he had intromitted with the defunct's goods and gear: in respect he had, after intromission, before citation at the pursuer's instance, confirmed the subject intromitted with, which purged the former vitiosity: notwithstanding that the Act 20, Parl. 1696, statutes, that the intromitters with the moveables of any defunct, who are not executors confirmed to them, nor have right from the executor-creditor before intromission, shall be liable as vitious intromitters, though there is a third party confirmed executor in a particular debt or subject: because, in the present case, the defender himself is confirmed executor-creditor to the defunct, before citation in the pursuer's process, though after the intromission; and so falls not within the verge of that statute.

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