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Margaret Kennedy v Mr John Erskine. [1746] Mor 7782 (19 June 1746)
URL: http://www.bailii.org/scot/cases/ScotCS/1746/Mor1907782-006.html Cite as:
[1746] Mor 7782
Pursuer must qualify a Legal Interest, otherwise no Process.
Margaret Kennedy v. Mr John Erskine
Date: 19 June 1746 Case No. No 6.
An adjudication being craved against a person, as heir to another in an estate, the present possessor was allowed to object and to dispute the defender's propinquity.
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John Blackader, tailor in Canongate, gave bond in trust to Margaret Kennedy, upon which she proceeded to adjudge from him the estate of Tulliallan, as charged to enter heir to Sir John Blackader of Tulliallan, alleged to be his predecessor, that thereupon she might quarrel the titles of Mr John Erskine advocate to the said estate.
Mr Erskine appeared for his interest, to stop the adjudication, and offered to prove that there was in being a nearer relation of Sir John Blackader than the said John. But the pursuer alleging that the estate was a male-fee, and he was heir-male,
The Lords found it competent to Mr John Erskine, being in possession of the estate of Tulliallan by proper titles of property, to object that the person against whom the adjudication was craved, was not the nearest heir of the deceased Sir John Blackader, and that there was a nearer heir existing; but allowed the pursuer to be heard on this allegation, that the estate of Tulliallan was a male-fee.
Act. Lockhart.Alt. Jo. Erskine, sen.Clerk, Forbes.
D. Falconer, v. 1. No 119. p. 146.
