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Macmath v Hewit. [1606] Mor 13265 (18 February 1606)
URL: http://www.bailii.org/scot/cases/ScotCS/1606/Mor3113265-026.html Cite as:
[1606] Mor 13265
Subject_1 QUOD AB INITIO VITIOSUM. Subject_2 SECT. IV.
Making up Titles ex post facto.
Macmath v. Hewit
Date: 18 February 1606 Case No. No 26.
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In an action of removing pursued by Macmath against Hewit, it was alleged, That the pursuer could have no process, because his title produced was his sasine, which could be no title, because it was given long after the term of Whitsunday. It was answered, That it was given upon a retour, which was declaratoria sanguinis, and so should be drawn back in favour of the pursuer, especially seeing the defender was tenant to this pursuer, and to his predecessors, to whom he is served heir.
