Scottish Court of Session Decisions

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.

Isobel Drummond
v.
Jean Skeen

Date: 19 June 1662
Case No. No 6.

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Isobel Drummond pursues Jean Skeen, as behaving herself as heir to her brother James Skeen, by uplifting the mails of the lands, wherein he died infeft, to fulfil her contract of marriage with James. The defender alleged, Absolvitor; because she uplifted those duties by virtue of her infeftment, being served heir to John Skeen, son to James Skeen, the pursuer's debtor, who was infeft, not as heir to his father James, but as heir to her goodsire. The pursuer answered, In respect to the defender's sasine, or to John Skeen's, which were evidently null, seeing James Skeen was infeft, and so John could not pass over him to his goodsire; and if any regard were had to such infeftment, it would open a door to all fraud, and abstracting of defunct's creditor's evidents.

The Lords found the defence relevant to purge this vitious passive title, seeing the failzie was not in this defender, but in John Skeen, his brother's son, but prejudice to reduce as accords; but ordained her to renounce to be heir to James, that adjudications might be obtained.

Stair, v. 1. p. 111.