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URL: http://www.bailii.org/scot/cases/ScotCS/1628/Mor2309654-005.html
Cite as: [1628] Mor 9654

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[1628] Mor 9654      
Subject_1 PASSIVE TITLE.
Subject_2 DIVISION I.

Behaviour as Heir.
Subject_3 SECT. II.

Intromission with the Predecessor's Rents is a Behaviour. What understood to be the Predecessor's Rents.

Farquhar
 v.
Campbell

Date: 22 March 1628
Case No. No 5.

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Intromission by an apparent heir with the rents of a subject, whereof his father died in possession, found not to infer behaviour, it being afterwards understood, that the defunct had no right to the subject, but a third party, to whom the apparent heir behoved to account for his intromissions; and, therefore, the creditors were not prejudged by the apparent heir's intromission with a subject which did not belong to their debtor.

 Fol. Dic. v. 2. p. 27. Durie.

*** This case is No 152. p. 9022. voce Minor.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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URL: http://www.bailii.org/scot/cases/ScotCS/1628/Mor2309654-005.html