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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Earl of Roseberry v Creditors of Viscount Primrose. [1766] 5 Brn 926 (16 July 1766)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, collected by JAMES BURNETT, LORD MONBODDO.
Date: Earl of Roseberry
v.
Creditors of Viscount Primrose
16 July 1766 Click here to view a pdf copy of this documet : PDF Copy
[Fac. Coll. IV. p. 267.]
In this case the Lords determined, unanimously, a very general point of law, viz. That an heir of provision of a particular estate, such as an heir of tailyie, is not by his service universally liable, but only in valorem, like an heir cum beneficio inventarii.
The direct contrary of this was decided, as unanimously, in the case of Pittrichie, and a petition refused without answers.
Lord Pitfour observed the change of our law in this respect, and how much inclined our forefathers were to introduce universal passive titles, as appears from the Act 1695.
N.B. It appears to me that this decision must go the length of relieving a man from a universal passive title, who infefts himself upon a precept of clare constat.
The electronic version of the text was provided by the Scottish Council of Law Reporting