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In the case Glendinning against Earl of Nithsdale, supra, an apparent heir having granted a simulate bond, in order to lead an adjudication of his predecessor's estate, his intromission, by virtue of this title, was not reckoned a behaviour; but, upon that occasion, the Lords made the act of sederunt, 28th February 1662, declaring, that it should be gestio pro hærede to intromit upon such simulate title, whether the apprising was expired or not. This act was extended to intromission had in virtue of an apprising led upon the apparent heir's just and true debt, contracted by him before he became apparent heir, without any view to be the foundation of an apprising against the predecessor's estate.
