Scottish Court of Session Decisions

Subject_1 PASSIVE TITLE.
Subject_2 DIVISION IV.

Vitious Intromission.
Subject_3 SECT. I.

In which circumstances intromission does or does not infer a Passive Title. - Action transmits against heirs in valorem only.

Scot
v.
Livingston

Date: 5 December 1623
Case No. No 145.

A widow's intromission with a small quantity of the defunct's goods was found not sufficient to constitute her universal intromitter.

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

In an action betwixt Scot contra Livingston, the defender being convened, as universal intromissatrix, for a debt owing by the defunct, her husband, it being alleged, That there were executors nominated in the defunct's testament, who, conform thereto, intromitted;—this was repelled, because the executor was not confirmed; likeas the Lords found, That the qualification against the defender, of her intromission with a mean quantity of the defunct's goods, viz. the selling of five bolls of corn, and the slaying and eating of four or five sheep, and the retention of other thirty sheep, which she had yet extant, was not sufficient to constitute her universal intromissatrix, and so to pay the whole debt, but only sustained the same to that effect, viz. to make the said particulars forthcoming, wherewith she should be proved to have intromitted. This was found, because it was thought hard that so small quantity of intromission should bring on the whole burden of the defunct's debts on her, and to make her as universal intromissatrix to answer for all, albeit her intromission was with goods, which was not necessary, there being no fraud on her part.

Act. Lawtie. Alt. Cockburn. Clerk, Gibson. Fol. Dic. v. 2. p. 41. Durie, p. 86.