Scottish Court of Session Decisions

Subject_1 HOMOLOGATION.
Subject_2 SECT. I.

Deeds directly inferring consent.

Linton of Pendrich
v.
Dundas of Manner

1729. January.
Case No. No 6.

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An infant succeeding to a burdened estate, the friends of the family sold off a part; and the purchaser applying the price for payment of debts, took a right to the same, and led an adjudication, at the same time granting back-bond to restrict the adjudication to the lands purchased by him, and also thirling the said lands to the infant's mill. After majority, the gentleman, whose lands were thus sold, took the benefit of the back-bond, by pursuing for abstracted multures, which was found to be a homologation of the sale, after which he was not allowed to quarrel the same. See Appendix.

Fol. Dic. v. 1. p. 377.