Scottish Court of Session Decisions

Subject_1 PASSIVE TITLE.
Subject_2 DIVISION I.

Behaviour as Heir.
Subject_3 SECT. III.

Intromission with the Heirship Moveables.

Falside
v.
Napier

Date: 7 February 1618
Case No. No 14.

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In an action of reduction ex capite inhibitionis by Falside against Napier, Lady Ogilvy, the Lords found, that in respect James Lord Ogilvy had immediately after his father's decease purchased———by deliverance of the Lords for taking inventory of the hail goods and gear pertaining to his umquhile father, conform to the which, inventory was taken by the Sheriff; that therefore he could not be convened as heir for intromitting with any of his heirship goods and gear pertaining to him; and when it was duplied, that they offered them to prove, that he meddled with certain heirships not expressed in the inventory, the Lords found that could not be had, in respect of the inventory taken, et quia abfuit animus gerendi pro hærede.

Fol. Dic. v. 2. p. 28. Kerse MS. fol. 138.