Scottish Court of Session Decisions

Subject_1 PASSIVE TITLE.
Subject_2 DIVISION III.

Apparent Heir three years in possession.

Walter Sympson, Servant to Robert Boyd, Writer in Edinburgh,
v.
Jean Hamilton, Daughter to Claud Hamilton of Garrin

Date: 1 July 1707
Case No. No 136.

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In the competition betwixt the said Walter Sympson and Jean Hamilton, the Lords found that an adjudication against an apparent heir for his own debt, who had been three years in possession but infeft, is not sufficient to prefer the adjudger in a competition for mails and duties with one deriving right by dispositions from persons infeft as heirs portioners to the remoter predecessor last infeft; without prejudice to the said adjudger to pursue these heirs passing by their immediate predecessor to make them personally, liable for his for debt, as accords in the terms of the act 24th Sess. 5. Parl. William and Mary, (1695.)

Fol. Dic. v. 2. p. 40. Forbes, p. 175.