Scottish Court of Session Decisions

Subject_1 PASSIVE TITLE.

M'Brairof Netherwood
v.
Maitlands

Date: 16 June 1736
Case No. No. 4.

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One having granted bonds of provision to his five daughters in full satisfaction of their succession to his estate heritable or moveable, they after his death assigned them to his brother and heir-male, and got his bonds for the money, who thereupon purchased in the other debts, and adjudged the estate from the daughters, as charged to enter heir to their father, and thereupon entered to possession; and some years thereafter gave the daughters an obligement to relieve them of all their father's debts containing the condition, “they always granting renunciations to enter heir to their predecessors in my favour when required.” These daughters being pursued by a creditor of the father's on the passive titles, particularly the sums in these bonds of provision paid them by their uncle as being in effect the price they got for the succession to the estate; the Lords found the defenders not liable, in regard they did not get payment of these provisions out of their father's estate.

The three years possession by an infant's tutor is sufficient. 2do, No necessity to produce the nomination of tutors so old as 1692. 3tio, Possession even by pro-tutors was thought sufficient. (See Dict. No. 212. p. 9889.)