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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Walter M'Dowal v James M'Dowal, &c. [1784] Hailes 948 (29 June 1784)
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Cite as: [1784] Hailes 948
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[1784] Hailes 948
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 SERVICE AND CONFIRMATION.
Subject_3 Possession of the Defunct's Moveables by the nearest of Kin vests him in the Rights of the Subjects possessed only.
Date: Walter M'Dowal
v.
James M'Dowal, &c
29 June 1784 Click here to view a pdf copy of this documet : PDF Copy
[Faculty Collection, IX. 255; Dict. 14,404.]
Kennet. The Court has found a title by possession of ipsa corpora, or by confirmation, although partial; but here no title at all would prefer nearest in kin.
Braxfield. A number of decisions are quoted, but not to the purpose. In order to give an active title, confirmation is necessary. Intromission is a passive title, but no more.
Eskgrove. This case was determined last winter ; Gib.
Gardenston. I doubt that we have already gone too far as to the vesting right in moveables; but I am clear not to go farther.
On the 29th June 1784, “The Lords preferred the nearest in kin.”
Act. George Currie. Alt. A. Elphinston. Reporter, Alva.
The electronic version of the text was provided by the Scottish Council of Law Reporting