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Scottish Court of Session Decisions >>
lindsay v Maxwell. [1671] Mor 16445 (20 July 1671)
URL: http://www.bailii.org/scot/cases/ScotCS/1671/Mor3716445-007.html Cite as:
[1671] Mor 16445
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A gratuitous bond granted by a ward-vassal to his apparent heir, in order to lead an adjudication, upon which the heir was infeft during his predecessor's life, was found to exclude the casualty of ward; for simulation or fraud could not be relevant in this case, seeing the vassal might have directly resigned the lands in favour of his heir, and the King refuses no man; but it was found, That as soon as the apprising is extinct, whether before or after the defunct's death, the ward takes effect.
Stair.
*** This case is No. 63. p. 10381. voce Personal and Transmissible.
