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Scottish Court of Session Decisions >>
Thomas Inglis, and Cumming his Cedent, v James Dewar in Copilaw. [1695] 4 Brn 265 (13 February 1695)
URL: http://www.bailii.org/scot/cases/ScotCS/1695/Brn040265-0594.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Thomas Inglis, and Cumming his Cedent, v. James Dewar in Copilaw
Date: 13 February 1695
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The Lords found the heritor of Cranston, Sir James Primrose, had no interest, seeing it was not instructed that he had set these eleven acres in controversy to Dewar, and so could not be liable to him in the warrandice. And it being found, after a visitation, that these acres belong to the Cummings' part, by the measuring and valuation of the birley-men, the Lords preferred this to the tutor's act of sederunt, without hearing the parties; and therefore sustained the Commissary's decreet.
