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Scottish Court of Session Decisions >>
Johnston v Steil. [1733] Mor 9809 (19 December 1733)
URL: http://www.bailii.org/scot/cases/ScotCS/1733/Mor2309809-140.html Cite as:
[1733] Mor 9809
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The defunct's estate, in which he died infeft, being a wadset holding base of the reverser, in which there was a back-tack continuing the reverser in possession, and obliging him to pay the neat annualrents of the wadset sum in name of tack-duty, and the apparent heir of the wadsetter uplifting these tack-duties for three years, this was found a possession in terms of the statute, so as to subject the next apparent heir who passed him by, to his onerous debts and deeds.
The possession of a relict by a liferent right granted by her husband, the defunct proprietor, found not to be the apparent heir's possesion in the sense of the act 1695, so as to involve the apparent heir, passing him by, in a passive title. See Appendix.
