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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Heir of Kinminity v The Creditors. [1756] 5 Brn 853 (16 July 1756) URL: http://www.bailii.org/scot/cases/ScotCS/1756/Brn050853-1042.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by JAMES bURNETT, LORD MONBODDO.
Date: Heir of Kinminity
v.
The Creditors
16 July 1756 Click here to view a pdf copy of this documet : PDF Copy
The Lords, in this case, unanimously determined, that if an apparent heir for three years possessed lands, in the right of his apparency, or if another possessed them by a right derived from him, these lands were liable to his debts, although it might be true that another had a better right to them,—as, for example, that the widow liferented them, and so might have turned the heir out of possession of them, which was the case here ; for the Lords were of opinion that all that the statute required was possession as apparent heir, but it did not require that nobody else should have a better title.
The electronic version of the text was provided by the Scottish Council of Law Reporting
