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Scottish Court of Session Decisions >>
The Earl of Southesk v Ogilvie of Belletty, &c. [1694] 4 Brn 203 (26 July 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040203-0458.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
The Earl of Southesk v. Ogilvie of Belletty, &c
Date: 26 July 1694
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The Earl of Southesk against Ogilvie of Belletty, and some others of his vassals; who alleged they could not take terms to produce any writs granted to them or their authors, by the Earl's predecessors and authors, to whom he may succeed jure sanguinis, unless he be actually served heir to them, or otherwise derives right from them.
The Lords demurred on this point, and found the late decisions run so. But Stair, Book IV. tit. 20, complains that this straitens the extent and usefulness of certifications too much. It was ordained to be heard in presence.
