Acts of the Heir proceeding from his Connection with the Predecessor.
Hutchison v. Menzies
Date: 2 July 1743 Case No. No 66.
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Hutchison obtained decree in absence, against Menzies of Troloss, to whose oath the passive titles having been referred, he did not depone. Menzies raised a reduction of the decree, wherein a proof of the passive titles was allowed, and accordingly a disposition was recovered, by which Menzies, under the character of apparent heir, disponed the estate belonging to his father, to trustees, for behoof of his creditors. He thereby also bound himself to make up his titles, and gave the trustees full power to infeft him. He delivered over to them the writs in his possession, and empowered them to pursue for the rest. And lastly, he took the trustees bound for the surplus after payment of the creditors. In the end of the disposition he declared, that this deed was by no means to subject him personally, or his other estate, to pay of his father's creditors. The Lords found the disposition a passive title.—See Appendix.
