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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> A. v B. [1619] Mor 9766 (30 July 1619)
URL: http://www.bailii.org/scot/cases/ScotCS/1619/Mor2309766-102.html

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[1619] Mor 9766      

Subject_1 PASSIVE TITLE.
Subject_2 DIVISION II.

Lucrative Successor post contractum debitum.
Subject_3 SECT. I.

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.

A
v.
B

Date: 30 July 1619
Case No. No 102.

Click here to view a pdf copy of this documet : PDF Copy

That successor titulo lucrativo cannot be qualified relevantly by reservation of a reversion by the father to the son, against which no order of redemption followed, the reversion being only ad vitam, and with advice of friends.

Kerse, MS. fol. 142.

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


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URL: http://www.bailii.org/scot/cases/ScotCS/1619/Mor2309766-102.html