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Allan v Campbell. [1666] Mor 9686 (16 December 1666)
URL: http://www.bailii.org/scot/cases/ScotCS/1666/Mor2309686-043.html Cite as:
[1666] Mor 9686
Behaviour not inferred if the intromission can be ascribed to a singular title.
Allan v. Campbell
Date: 16 December 1666 Case No. No 43.
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Edinample Campbell being pursued as representing his father, upon the title of behaving as heir; it was alleged, That he intromitted with the duties of the lands condescended upon, by a right to two comprisings against his father. It was replied. The comprisings were not expired the time of his father's decease, so that in effect he was heritor.
The Lords found, that gestio being magis animi quam facti, the defender's intromission by virtue of a title did not infer behaving.
