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L. Touch v E. Hume. [1624] Mor 3618 (9 March 1624)
URL: http://www.bailii.org/scot/cases/ScotCS/1624/Mor0903618-008.html Cite as:
[1624] Mor 3618
What falls under Single, what under Liferent Escheat.
L Touch v. E Hume.
Date: 9 March 1624 Case No. No 8.
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In an action betwixt L. Touch and E. Hume, being a cause of special declarator, which being accessory to a general one, the Lords found, that there needed no continuation in special declarators, in respect of a privilege contained in the summons, viz. because it was accessory to the general declarator, albeit the special declarator was pursued for payment of certain particulars, consisting in facto, which of its own nature required continuation, and for the which, if the rebel's self had intented pursuit, the summons behoved to have been continued, and that it was alleged, that the general declarator put only the donatar in the rebel's place, which was repelled, as said is, in respect of the preceding general declarator, which put the donatar in a better case than the rebel, and in respect of the privilege.
Act. Stuart & Craig.Alt. Hope.Clerk, Gibson.
Durie, p. 119.
