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Scottish Court of Session Decisions >>
Forbes of Thornton v Forbes of Tolquhon. [1717] Mor 10353 (5 June 1717)
URL: http://www.bailii.org/scot/cases/ScotCS/1717/Mor2510353-029.html Cite as:
[1717] Mor 10353
Subject_1 PERSONAL and TRANSMISSIBLE. Subject_2 SECT. II.
What Right go against Heirs.
Forbes of Thornton v. Forbes of Tolquhon
Date: 5 June 1717 Case No. No 29.
Vitious intromission transit in heredes post litem-contestatem.
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Forbes of Thornton having pursued Sir Alexander Forbes of Tolquhon, as representing Walter Forbes his father, for payment of 1000 merks; contained in his father's bond, in anno 1651, with annualrent, upon the passive titles; which being sustained, and a probation led, and the process transferred against William Forbes now of Tolquhon, as representing Sir Alexander his uncle:
“The Lords found the passive title of Sir Alexander's representing his father the debtor proved; and found, that an act of litiscontestation being extracted against Sir Alexander, and the passive title of vitious intromission proved, the same is sufficient to make the heirs and representatives of Sir Alexander liable in solidum; reo absente.
