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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Campbell v Campbell. [1628] 1 Brn 242 (17 January 1628) URL: http://www.bailii.org/scot/cases/ScotCS/1628/Brn010242-0575.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: Campbell
v.
Campbell
17 January 1628 Click here to view a pdf copy of this documet : PDF Copy
A party, as apparent heir, pursues for delivery of writs of certain lands. It is answered by the defender, That he has best right to the evident; seeing the pursuer's father, to whom he is apparent heir, was bound, by contract, to infeft the defender in the said lands by two infeftments, one to be holden of himself and another of the superior. To the which it was replied, That the defender had accepted a feu-charter, to be holden of the pursuer's father and his heirs, and so had tacitè passed from the contract. The Lords ordained the evident to remain with the defender, notwithstanding of the acceptation of the feu-charter; seeing the defender might yet charge for the infeftment to be holden of the superior.
Page 27.
The electronic version of the text was provided by the Scottish Council of Law Reporting
