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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Telfer v Hamilton of Grange. [1735] Mor 5657 (21 January 1735)
URL: http://www.bailii.org/scot/cases/ScotCS/1735/Mor1405657-040.html
Cite as: [1735] Mor 5657

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[1735] Mor 5657      

Subject_1 HOMOLOGATION.
Subject_2 SECT. IV.

Of facts inferring knowledge of, and consent to the right challenged. Effect of consent where the right is not known. Effect of legal steps passing of course. Effect of minority. Effect of payment.

Telfer
v.
Hamilton of Grange

Date: 21 January 1735
Case No. No 40.

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A Submission entered into by a wife, with regard to her heritager, null upon the act 1681, there being but one witness to her subscription, was found homologated by her husband's appearing and pleading in her behalf before the arbiters; for the husband being administrator for his wife, his consent implies her consent. See Appendix.

Fol. Dic. v. 1. p. 383.

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


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URL: http://www.bailii.org/scot/cases/ScotCS/1735/Mor1405657-040.html