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.

Bell
v.
Elliot of Dunlabyre

1686. March.
Case No. No 183.

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A wife being pursued as vitious intromitter with goods in Scotland belonging to her husband, who lived and died in England;

Answered, The defender was administratrix to her husband in England (the same thing as executrix confirmed in Scotland) and mobilia sequuntur personam. 2do, As super intromission is purged of a vitious passive title by a prior confirmation, so, a pari, the letters of administration were a putative title that ought to purge the vice.

Replied, The administration gave no right to goods extra territorium.

The Lords found the administration purged the vitiosity.

Fol. Dic. v. 2. p. 43. Harcarse, (Passive Titles.) No 66. p. 12.