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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> William Gray v William - . [1625] Mor 9767 (13 July 1625)
URL: http://www.bailii.org/scot/cases/ScotCS/1625/Mor2309767-103.html
Cite as: [1625] Mor 9767

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[1625] Mor 9767      

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.

William Gray
v.
William -

Date: 13 July 1625
Case No. No 103.

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The Lords found, That an universal successor post contractum debitum is obliged in solidum for the debts contracted before, and may not renounce; the Lords disponed to him to liberate himself.

Found the contrary, Mr David Curtie against John Weems, No 120. p. 9790.

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/1625/Mor2309767-103.html