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Scottish Court of Session Decisions >>
Couper v Meik in Kirkaldy. [1694] 4 Brn 200 (24 July 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040200-0449.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Couper v. Meik in Kirkaldy
Date: 24 July 1694
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The case was, If a vitious intromission may be proven against a party dead, when it is not constituted by a process against him during his life; or, if there was a process, but not come the length of litiscontestation. The Lords found, conform to the famous decision in July 1666, Cranston against Wilkyson, that, not being established in the intromitter's lifetime, it could not be proven now to infer an universal passive title; because the party, if quarrelled in his own life, might have had several defences to purge his intromission, which may be altogether unknown to his successors; but that it could only make the successor liable either secundum vires inventarii, on their intromission, or in quantum lucratus, et ad valorem of what they shall prove the defunct intromitted with.
