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Scottish Court of Session Decisions >>
Lady Carlips v Laird of Posso. [1668] 2 Brn 436 (4 February 1668)
URL: http://www.bailii.org/scot/cases/ScotCS/1668/Brn020436-0731.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Lady Carlips v. Laird of Posso
Date: 4 February 1668
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In the case betwixt Lady Carlips and the Laird of Posso, it was found, that as an apparent heir, by the late act of Parliament, cannot buy an apprising of his father's estate, without being made liable to his father's debts, so the Lords did extend this statute to apparent heirs who buy comprisings against their father's estate even while their father is in life. Which was well decided; because it is presumed to be bought with the father's means.
See Mascardus de Probationibus, verbo, Bona conclusione, 221.
