Scottish Court of Session Decisions

Subject_1 PASSIVE TITLE.
Subject_2 DIVISION IV.

Vitious Intromission.
Subject_3 SECT. VI.

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.

Click here to view a pdf copy of this documet : PDF Copy

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;

Which the Lords found relevant.

Fol. Dic. v. 2. p. 45. Stair, v. 1. p. 164.