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Scottish Court of Session Decisions >>
Arch-Dean of Ross v M'Kenzie. [1630] Mor 13502 (20 March 1630)
URL: http://www.bailii.org/scot/cases/ScotCS/1630/Mor3113502-027.html
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The Archdean of Ross pursues M'Kenzie of Loquhane for reduction of a tack set by his predecessors to , without consent of the chapter, which had made the said M'Kenzie assignee to the tack. It was alleged by M'Kenzie, That all parties having interest were not summoned, viz. his cedent, to whom the tack was principally set. It was answered, That there was no necessity to summon the cedent, because he was denuded in favours of the assignee, and by virtue thereof in possession. The Lords found, that the first tacksman should be summoned.
