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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Allan and Byers v The Representatives of Robert Deans. [1694] 4 Brn 127 (19 January 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040127-0288.html

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[1694] 4 Brn 127      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.

Allan and Byers
v.
The Representatives of Robert Deans

Date: 19 January 1694

Click here to view a pdf copy of this documet : PDF Copy

Philiphaugh reported Allan and Byers against the Representatives of Robert Deans. The Lords found, though Patrick Steel had compeared in this process and defended, yet, not having produced his interest; and, by his oath, it now appearing that he had not a total assignation from Robert Deans, but only a wadset, whereof the reversion was provided to Mrs Margaret Mauld; therefore they found he came not fully in Robert Deans's place to be sole contradictor in this process, but that Deans's heirs and representatives behoved to be cited; and Mrs Mauld, the reverser, might be called incidenter if they pleased, that all parties having interest might be in the field.

Vol. I. Page 594.

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


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