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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Ld. Muckhall v Stewart. [1621] Mor 11967 (22 November 1621)
URL: http://www.bailii.org/scot/cases/ScotCS/1621/Mor2811967-005.html
Cite as: [1621] Mor 11967

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[1621] Mor 11967      

Subject_1 PROCESS.
Subject_2 SECT. I.

Libel.

Ld Muckhall
v.
Stewart

Date: 22 November 1621
Case No. No 5.

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A declarator of liferent escheat requires continuation; because the superior of a subject must prove that the lands hold of him.

Fol. Dic. v. 2. p. 178. Durie.

*** This case is No 297. p. 11623. voce Presumption.

*** In the case of Lochinvar against Lindsay, 24th March 1632, No 42. p. 8358. voce Litigious, it was found, that if the superior produce his own infeftment of the lands libelled, this will save continuation.

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/1621/Mor2811967-005.html