Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by JAMES bURNETT, LORD MONBODDO.

Heir of Kinminity
v.
The Creditors

Date: 16 July 1756

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The Lords, in this case, unanimously determined, that if an apparent heir for three years possessed lands, in the right of his apparency, or if another possessed them by a right derived from him, these lands were liable to his debts, although it might be true that another had a better right to them,—as, for example, that the widow liferented them, and so might have turned the heir out of possession of them, which was the case here ; for the Lords were of opinion that all that the statute required was possession as apparent heir, but it did not require that nobody else should have a better title.