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Cite as: [1636] Mor 9665

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[1636] Mor 9665      
Subject_1 PASSIVE TITLE.
Subject_2 DIVISION I.

Behaviour as Heir.
Subject_3 SECT. III.

Intromission with the Heirship Moveables.

Straiton
 v.
Chirnside

Date: 27 January 1636
Case No. No 22.

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Where the predecessor had died at the horn, his escheat gifted and declared, the apparent heir's intromission, after the declarator, with moveables that were in the defunct's possession, did not infer behaviour; because it was not intromitting with his predecessor's goods, but with what belonged to the donatar, and which intromission, therefore, could be of no prejudice to the predecessor's creditors.

 Fol. Dic. v. 2. p. 28. Durie.

*** This case is No 17. p. 5395. voce Heirship Moveables.

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

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URL: http://www.bailii.org/scot/cases/ScotCS/1636/Mor2309665-022.html