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Scottish Court of Session Decisions >>
Campbell and Her Husband v Campbells. [1738] Mor 8187 (2 July 1738)
URL: http://www.bailii.org/scot/cases/ScotCS/1738/Mor2008187-025.html Cite as:
[1738] Mor 8187
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Found, that where a child forisfamiliate had renounced all claim to legitim or dead's part, the renunciation barred him or her from competing with the other children in familia, or their descendants, but did not bar him or her in competition with collaterals.
Quere, Would it bar also the descendants of the renouncer? So it is thought, though claiming in their own right, and not representing the renouncer, because of its being effectual against the renouncer, who was in titulo. It is otherwise in heritage.
Fol. Dic. v. 3. p. 383. Kilkerran, (Legitim.) No 2. p. 333.
