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Scottish Court of Session Decisions


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URL: http://www.bailii.org/scot/cases/ScotCS/1649/Brn010439-1182.html

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[1649] 1 Brn 439      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.

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Date: 20 December 1649

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In the process —— against the superior, by way of suspension at the superior's instance; who alleged, That he could not infeft him as heir to his goodsir or grandfather, because there was one standing infeft upon a new gift from a superior from whom the lands were apprised;—the Lords repelled the said reason as irrelevant, seeing the superior ought aye to infeft upon a charge, whether out of the Chancellary or by comprising, salvo jure cujuslibet; and, if he have any proper interest, let him propone it or reserve it prout dejure; for it was minted at on another reason, upon a decreet of improbation against all those old writs.

Page 104.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1649/Brn010439-1182.html