[1747] 2 Elchies 425
Subject_1 PASSIVE TITLE.
Date: Elias Cathcart
v.
Henderson
25 November 1747
Case No.No. 8.
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A factor appointed by us loco tutoris to an infant intromitted with the defunct's effects, being all moveable; and a creditor of the defunct's sued both on the passive titles, and recovered decreet before the inferior Court: But we suspended the decreet simpliciter, because no passive title was proven, for it was thought that the creditor should have confirmed; (reniten President et me.) (See Dict. No. 68. p. 9724.)
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