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Scottish Court of Session Decisions >>
Bowers v Lady Coupar. [1671] Mor 9859 (16 June 1671)
URL: http://www.bailii.org/scot/cases/ScotCS/1671/Mor2309859-180.html Cite as:
[1671] Mor 9859
Any colourable title of intromission found to elide the passive title.
Bowers v. Lady Coupar
Date: 16 June 1671 Case No. No 180.
Found in conformity with Chalmers against Dalgarno, No 176. p. 9857.
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The executors of Mr Frederick Bowers, minister, having obtained decreet against the Lord Coupar, for some by-gone stipends, did pursue the Lady Lindores, relict of the Lord Coupar, as intromitter with his goods and gear, for payment. It was alleged, That the Lady had right by disposition from Lord Coupar to his whole moveables, which ought to defend her ay and while it were reduced, and that the pursuers ought to confirm themselves executors-creditors to the Lord Coupar. The Lords did repel the defence, and found that the disposition being made by the Lord Coupar to his Lady, and the goods remaining in his own possession until his death, could not prejudge lawful creditors, who needed not to reduce, nor to confirm themselves executors-creditors; but did decern the Lady only to be liable for the goods disponed and intromitted with, but not as a vitious intromitter.
Fol. Dic. v. 2. p. 43. Gosford, MS. No 451. p. 169.
*** Stair's report of this case is No 68. p. 2734. voce Competent.
