Pursuer Margaret Telfair, acting as executor to her late father, sued Janet Milmyne for debts allegedly owed by James Milligan, Milmyne’s first husband. Telfair claimed that Milmyne was liable on a theory of passive title—i.e., that Milmyne became responsible for Milligan’s debts by taking control of his property. Milmyne argued that she had acted without any ill intention; therefore she asked the court to deny Telfair's claim or, at minimum, to find that she was not responsible for debts exceeding the value of Milligan’s possessions. Although not reported, this case is cited in Wilson v. Smith, [1772] Mor. 9833.


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