Sir Alexander Maxwell of Monreith, Bart v Andrew Houston, Esq: HL 30 Apr 1725

Vitiation – An objection to a deed that it was erazed in substantialibus is repelled.
Vitious Intromission and Gestio pro Haerede – A person grants an entail of his estate to his son, and his heirs male whatsoever; with the burden of his debts; the son grants a back bond, in consideration of said entail to pay the father’s debts: after the death of the father and son, the daughters convey the estate real and personal of their father to a creditor, without making up titles by inventory or confirmation; and the creditor grants bond to protect them against what they had done, and from the debts of their father; the heir male of entail having got back the estate sues the said creditor for debts of the father as a vitious intrometter, in which he obtains decree; and the Court also find the moveable debts due to such intrometter to be extinguished: but their judgment is reversed 5 and the creditor is ordered to account for actual intromissions only.

[1725] UKHL Robertson – 539, (1725) Robertson 539


Updated: 05 January 2022; Ref: scu.554120