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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Ld. Gadgirth v Ld. Auchinleck. [1631] Mor 14027 (26 January 1631)
URL: http://www.bailii.org/scot/cases/ScotCS/1631/Mor3214027-011.html
Cite as: [1631] Mor 14027

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[1631] Mor 14027      

Subject_1 RES INTER ALIOS.
Subject_2 SECT. I.

Proof.

Ld Gadgirth
v.
Ld Auchinleck.

Date: 26 January 1631
Case No. No 11.

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A decree in a process, finding upon probation, a man heir to his father passive, as having intromited with the heirship goods, was found no probation of that passive title in a new process at another party's instance; the defender alleging in this new process, that his father ways such a person as could not have an heir; which allegeance was omitted to be proponed in the first.

Fol. Dic. v. 2. p. 347. Durie.

*** This case is No 58. p. 9709., voce Passive Title.

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


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