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Scottish Court of Session Decisions >>
Arbuthnot v Mary Keith. [1666] Mor 7780 (23 June 1666)
URL: http://www.bailii.org/scot/cases/ScotCS/1666/Mor1907780-004.html Cite as:
[1666] Mor 7780
Pursuer must qualify a Legal Interest, otherwise no Process.
Arbuthnot v. Mary Keith
Date: 23 June 1666 Case No. No 4.
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Andrew Arbuthnot having gotten a gift to the behoof of the Viscount of Arbuthnot, of the marriage of the heirs of John Keith of Pitten, did thereupon pursue the two heirs portioners. One of them being dead, he insists now against the other for her part, who alleged no process, because none was called to represent the other, who is thus far interested, that the probation of the avail of the marriage against the one will prejudge the other.
The Lords repelled the defence, and found it would not prejudge the other, against whom new probation behoved to be used.
