Scottish Court of Session Decisions

Subject_1 PASSIVE TITLE.
Subject_2 DIVISION IV.

Vitious Intromission.
Subject_3 SECT. IV.

Any colourable title of intromission found to elide the passive title.

Lady Spencerfield
v.
Hamilton

Date: 10 June 1674
Case No. No 181.

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Found sufficient to elide the passive title, that the defender did intromit either by virtue of a gift to himself, or by warrant from the donatar, though the gift was not declared; for his possession ab initio being in virtue of a title, though not perfected, could not be said to be vitious, and quivis titulus etiam coloratus purges the vitiosity of the intromission.

Fol. Dic. v. 2. p. 43. Stair. Dirleton.

*** This case is No 97. p. 9762,