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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Calderwood v Porteous. [1630] Mor 11585 (30 January 1630)
URL: http://www.bailii.org/scot/cases/ScotCS/1630/Mor2711585-245.html
Cite as: [1630] Mor 11585

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[1630] Mor 11585      
Subject_1 PRESUMPTION.
Subject_2 DIVISION IX.

Rights when presumed simulate.
Subject_3 SECT. I.

Disposition of moveables retenta possessione.

Calderwood
 v.
Porteous

Date: 30 January 1630
Case No. No 245.

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In a process upon the passive titles, the defender acknowledged his intromission with the heirship moveables, but that it was in virtue of a disposition from his father. Objected, That the disposition was null, retenta possessione. The Lords sustained the answer, that the father and son lived in the same house, and that it must be reputed the son's possession, he being married, and the father old and infirm and a widower.

 Fol. Dic. v. 2. p. 156.

*** This case is No 39. p. 9681, voce Passive Title.

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/1630/Mor2711585-245.html