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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Miller v Stewart. [1610] Mor 5067 (7 June 1610)
URL: http://www.bailii.org/scot/cases/ScotCS/1610/Mor1205067-001.html
Cite as: [1610] Mor 5067

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[1610] Mor 5067      

Subject_1 GIFT OF BASTARDY.

Miller
v.
Stewart

Date: 7 June 1610
Case No. No 1.

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He that has got a gift of bastardy, and seeks declarator thereupon, if another donatar appear and allege an anterior gift and possession of the defunct's goods, by virtue of his first gift, and that he has a declarator also raised and executed, the Lords will have no respect to his execution founded upon his possession, but will prefer the pursuer, having the last gift, and having intented the first declarator.

Fol. Dic. v. 1. p. 346. Haddington, MS. No 1880.

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


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