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Scottish Court of Session Decisions >>
Johnston v Rome. [1676] Mor 9780 (8 July 1676)
URL: http://www.bailii.org/scot/cases/ScotCS/1676/Mor2309780-114.html Cite as:
[1676] Mor 9780
The disposition must flow from the father. - The disponee must be apparent heir in the subject. - Effect of the disponee dying before his father. - Disposition in trust for behoof of the apparent heir. - What must be the nature of the subject disponed to infer the passive title? - Acceptance of the disposition sufficient. - Bonds disponed to the heir will be presumed to have been heritable, in order to infer the passive title.
Johnston v. Rome
Date: 8 July 1676 Case No. No 114.
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In a pursuit upon the passive title of successor titulo lucrativo, in so far as the defender had a disposition from his father, without an onerous cause, the Lords sustained the pursuit, albeit it was alleged by the defender, he had made no use of the said disposition, and was content to renounce the same; which the Lords found he could not do, being delivered to him. A concluded cause advised.
Clerk, Mr Thomas Hay.
Fol. Dic. v. 2. p. 38. Dirleton, No 377. p. 184.
