Scottish Court of Session Decisions

Subject_1 SERVICE OF HEIRS.
Subject_2 SECT. V.

Special Service.

Sir James Suttie
v.
Duke of Gordon

Date: 20 July 1733
Case No. No. 31.

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The service of an heir cannot be stopped by a disponee deriving right from the defunct, without infeftment, upon the pretext, that it was frustra, unless the heir could quarrel the disposition, though the disponee was willing instantly to debate the point of right; for if an apparent heir were pretending to quarrel his predecessor's disposition, it would be a good objection, that he could not insist in the reduction without being served; therefore e contrario, a disposition cannot afford a sufficient objection to stop a special service. See Appendix.

Fol. Dic. v. 2. p. 371.