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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Lady Ratter v Sinclair of Ratter, Her Son. [1736] 2 Elchies 423 (12 February 1736) URL: http://www.bailii.org/scot/cases/ScotCS/1736/Elchies020423-002.html Cite as: [1736] 2 Elchies 423 |
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[1736] 2 Elchies 423
Subject_1 PASSIVE TITLE.
Date: Lady Ratter
v.
Sinclair of Ratter, Her Son
12 February 1736
Case No.No. 2.
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Passive Titleof passing by an apparent-heir possessing the estate,, whereof the former apparent-heir was more than three years in possession, but not serving heir to a remote predecessor, nor making up his title by adjudication on his own bond, not liable by the act 1695, to the debts of the said former apparent-heir. Vide 9th December 1741, Leith against Lord Banff, infra. Vide 22d November 1748, Creditors of Kinminity against the Heir, voce Minor, where the like judgment was reversed in Parliament, May 11 1749. (See Dict. No. 141. p. 9810.)
***In this case, Sinclair Lady Ratter against her son, the Lords refused to find the son liable even in valorem of his possession or intromissions, but modified to her further in name of aliment L.50 sterling.
The electronic version of the text was provided by the Scottish Council of Law Reporting