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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Wilkieson v Alves. [1723] Mor 9765 (14 November 1723)
URL: http://www.bailii.org/scot/cases/ScotCS/1723/Mor2309765-099.html
Cite as: [1723] Mor 9765

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[1723] Mor 9765      

Subject_1 PASSIVE TITLE.
Subject_2 DIVISION I.

Behaviour as Heir.
Subject_3 SECT. XIII.

Behaviour how purgeable?

Wilkieson
v.
Alves

Date: 14 November 1723
Case No. No 99.

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An apparent heir having subjected himself to the passive title of behaviour, by intromitting at his own hand with his predecessor's writs and evidents, and having thereafter within year and day entered heir cum beneficio inventarii, he pleaded, that the passive title of behaviour was purged by his entering heir cum beneficio, just as vitious intromission is purged by a posterior confirmation. Answered, The act 1695, gives not the benefit of inventory to those who have had any prior intromission with the defunct's estate; and therefore the heir cannot plead upon his inventory.

The Lords repelled the defence. See Appendix.

Fol. Dic. v. 2. p. 34.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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