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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> M'Kenzie v M'Claud. [1673] 1 Brn 693 (21 November 1673) URL: http://www.bailii.org/scot/cases/ScotCS/1673/Brn010693-1656.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.
Date: M'Kenzie
v.
M'Claud
21 November 1673 Click here to view a pdf copy of this documet : PDF Copy
In an action of improbation, at M'Kenzie's instance, against M'Claud;—it being alleged for the defender, That the seasine of the lands produced could be no title, because it only flowed upon a precept of clare constat, which was sufficient for a passive title, but not for an active title:—
It was answered, That, albeit the precept of clare constat gave no interest nor title to pursue for any thing that belonged to an heir, besides what was contained in the precept and seasine, yet it was a sufficient title as to the right and interest of these lands therein contained, to pursue either for maills or duties, or an improbation.
The Lords did repel the defence, and sustained the improbation, and found the title sufficient.
Page 368.
The electronic version of the text was provided by the Scottish Council of Law Reporting
