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Scottish Court of Session Decisions >>
Margaret Stevenson and her Son v Ker and Others. [1663] Mor 9873 (28 January 1663)
URL: http://www.bailii.org/scot/cases/ScotCS/1663/Mor2309873-201.html Cite as:
[1663] Mor 9873
Vitious Intromission Purged by Confirmation, or by declarator of escheat.
Margaret Stevenson and her Son v. Ker and Others
Date: 28 January 1663 Case No. No 201.
Vitious intromission purged by the intromitter's confirming within year and day after the defunct's death.
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Margaret Stevenson pursues Margaret Ker, as vitious intromissatrix with the goods of her husband, for payment of a debt, wherein he was cautioner. She alleged, Absolvitor, because her intromission was purged, in so far as she had confirmed herself executrix creditrix. It was answered by the pursuer, Non relevat, unless before intenting of the cause. The defender answered, It was sufficient, being within year and day after the defunct's death;
