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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Leith v Lord Banff. [1741] 1 Elchies 318 (9 December 1741)
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Cite as: [1741] 1 Elchies 318
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[1741] 1 Elchies 318
Subject_1 PASSIVE TITLE.
Leith
v.
Lord Banff
1741 ,Dec. 9 .
Case No.No. 5.
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Here the question again occurred on the act 1695, Whether an apparent-heir not serving heir to a remote predecessor, passing by an immediate one, but possessing without making up any title, falls under that act, and is liable for the former apparent-heir's debts, who had been three years in possession, a point that had been determined upon a hearing, 8th January and 12th February 1736, Lady Ratter against her son; and Mr Craigie mentioned another, decided the same way in 1725 or 1726, Backie against
Nisbet;—and the Lords adhered by a great majority to the Ordinary's interlocutor, repelling the passive title.
The electronic version of the text was provided by the Scottish Council of Law Reporting