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Scottish Court of Session Decisions >>
Heirs of the Earl of Dunbar Competing. [1625] Mor 5605 (24 June 1625)
URL: http://www.bailii.org/scot/cases/ScotCS/1625/Mor1405605-001.html Cite as:
[1625] Mor 5605
A tack belongs to the heir of line, although conquest by the defunct. See No 2, infra.
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The Lords fand a tack disponed to the Earl of Dunbar and his heirs-male succeeding to him, by proving of brieve, to pertain not to the heir-male of conquest, who was John Home of Shegden, the elder brother, but to the heir-male descending, viz. the younger brother, and this notwithstanding it was objected, that the E. of Dunbar had one general of his own body, viz. his daughter, and that there could not be two heirs general, viz. one lineal, and another collateral; and also, notwithstanding of the word “succeeding,” which was contended should be respected heirs succeeding to lands.
