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Scottish Court of Session Decisions >>
M'Culloch v M'Leod. [1731] Mor 14366 (10 July 1731)
URL: http://www.bailii.org/scot/cases/ScotCS/1731/Mor3314366-009.html Cite as:
[1731] Mor 14366
Subject_1 SERVICE AND CONFIRMATION. Subject_2 SECT. I.
In what Cases is a Service requisite to a nominatim Substitute. - Substitution in Moveables. - Subjects whether to be taken up by Service of Confirmation?
M'Culloch v. M'Leod
Date: 10 July 1731 Case No. No. 9.
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John Douglas resigned his lands in favour of himself, and the heirs-male of his body, which failing, to Hector Douglas nominatim; and infeftment was expede accordingly. John Douglas having died without heirs-male of his body, Hector disponed the lands, without making up titles. After his death, the disponee insisting upon his right, it was found, that Hector was only substitute, and could have no right to the lands without a service. See Appendix.
