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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Queen's Advocate v Uthride M'Dougall. [1554] Mor 9333 (14 February 1554)
URL: http://www.bailii.org/scot/cases/ScotCS/1554/Mor2209333-043.html
Cite as: [1554] Mor 9333

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[1554] Mor 9333      

Subject_1 NON-ENTRY.
Subject_2 SECT. V.

Conjunct fee excludes non-entry. - Non-entry excluded where the lands have been full thirty six-years.

Queen's Advocate
v.
Uthride M'Dougall

Date: 14 February 1554
Case No. No 43.

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Gif the superiour clamis ony landis as pertening to him be ressoun of non-entres, be the space of certane zeiris, and the saidis landis be full, be ressoun of conjunct-fie pertening to ony Lady, or in respect of ony uther sasine, and that during ane certane space of the saidis zeiris acclamit; the defendar sould be assoilzeit fra the non-entres induring the space that the landis were full in maner foirsaid, albeit the landis may be decernit to have bene and to be in non-entres induring the remanent zeiris acclamit.

Fol. Dic. v. 2. p. 7. Balfour, (Non-entry of Heirs.) No 27. p. 263.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1554/Mor2209333-043.html