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Scottish Court of Session Decisions

You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Elias Cathcart v Henderson. [1747] 1 Elchies 319 (25 November 1747)
URL: http://www.bailii.org/scot/cases/ScotCS/1747/Elchies010319-008.html
Cite as: [1747] 1 Elchies 319

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[1747] 1 Elchies 319

Subject_1 PASSIVE TITLE.

Elias Cathcart
v.
Henderson

1747, Nov. 25.
Case No. No. 8.

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A factor loco tutoris being appointed to an infant, he intromitted with the pupiFs. effects, which were all moveable; and a creditor sued the pupil and him for his debt, and recovered decreet, which they suspended; and Drummore suspended the letters, in respect they had not proved any passive titles. They reclaimed; and Arniston thought the creditor should confirm, notwithstanding the factor had intromitted, and the subject was no more extant. Kilkerran and I thought, that the factor, as any other intromitter. was liable, and might be sued; and though our factory might defend against an universal passive title, yet that he is liable in valorum without any confirmation. However it carried to adhere, since the charger had not confirmed.

The electronic version of the text was provided by the Scottish Council of Law Reporting