Gestio pro Haerede – Passive Title. – A father had conveyed his whole estate, heritable and moveable, to his third son, who, in recovering, found an heritable debt of andpound;60, which was not specially embraced in the conveyance. To remove objections to his title to receive and discharge the debt, the father’s eldest son and heir-at-law, consented to sign the discharge along with his brother. Held, that this subjected him in the passive title of gestio pro haerede. But, in the House of Lords, case remitted back for consideration, and to adduce proof that, at the date of the discharge, his brother was in right to receive the debt of andpound;60.
Citations:
[1787] UKHL 3 – Paton – 61
Links:
Jurisdiction:
Scotland
Land
Updated: 23 March 2022; Ref: scu.581015