Scottish Court of Session Decisions

Subject_1 PROOF.
Subject_2 DIVISION V.

Proved, or not proved.
Subject_3 SECT. IX.

Property of Moveables. - Bargain of Moveables.

Geddes
v.
Geddes

Date: 17 January 1678
Case No. No 625.

Loan of moveables found to exclude the presumptive title of property of a defunct dying in possession of them, the loan being proveable by witnesses.

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

Marion Geddes pursues James Geddes for re-delivery of the furniture of a chamber lent by her to his brother, and intromitted with by the defender after his death. The defender alleged, Absolvitor, because he had confirmed these goods as executor to his brother, who died in possession thereof, from which property is presumed, against which witnesses cannot be received.

The Lords repelled the defence, and found, that the presumptive title of property was excluded, by offering to prove, that the goods were delivered by way of loan; and that the same was probable by witnesses.

Fol. Dic. v. 2. p. 270. Stair, v. 2. p. 592.