Scottish Court of Session Decisions

Subject_1 PASSIVE TITLE.
Subject_2 DIVISION I.

Behaviour as Heir.
Subject_3 SECT. II.

Intromission with the Predecessor's Rents is a Behaviour. What understood to be the Predecessor's Rents.

Reid
v.
Salmond

Date: 16 January 1667
Case No. No 9.

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Reid pursues Barbara Salmond and James Telzifer, her husband, for a debt due by her father, as behaving herself as heir, by possessing a house wherein her father died infeft, and by setting another house of his to tenants. It was answered, That James Telzifer was tenant in the house possessed by him, before the defunct's death, and might possess, per tacitam relocationem; neither could he safely leave the house, till he had given it over to some having right.

Which the Lords found relevant.

2dly, It was alleged, That the defunct had disponed the same tenement to the defender's son, his oye, which disposition, albeit it attained not infeftment, yet it was a sufficient title for mails and duties, and to continue possession, and to purge the vitious title of behaving as heir.

Which the Lords found also relevant.

Stair, v. 1. p. 427.