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URL: http://www.bailii.org/scot/cases/ScotCS/1666/Mor2309686-043.html
Cite as: [1666] Mor 9686

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[1666] Mor 9686      
Subject_1 PASSIVE TITLE.
Subject_2 DIVISION I.

Behaviour as Heir.
Subject_3 SECT. VI.

Behaviour not inferred if the intromission can be ascribed to a singular title.

Allan
 v.
Campbell

Date: 16 December 1666
Case No. No 43.

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Edinample Campbell being pursued as representing his father, upon the title of behaving as heir; it was alleged, That he intromitted with the duties of the lands condescended upon, by a right to two comprisings against his father. It was replied. The comprisings were not expired the time of his father's decease, so that in effect he was heritor.

The Lords found, that gestio being magis animi quam facti, the defender's intromission by virtue of a title did not infer behaving.

 Fol. Dic. v. 2. p. 30. Dirleton, No 67. p. 28.

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/1666/Mor2309686-043.html