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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Duke of Hamilton v Earl of Selkirk. [1740] Mor 14935 (8 January 1740)
URL: http://www.bailii.org/scot/cases/ScotCS/1740/Mor3414935-041.html
Cite as: [1740] Mor 14935

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[1740] Mor 14935      

Subject_1 SUCCESSION.
Subject_2 SECT. III.

Succession a testato.

Duke of Hamilton
v.
Earl of Selkirk

Date: 8 January 1740
Case No. No. 41.

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The late Earl of Selkirk, superior of the lands of Balgray, having made a purchase of the property, but without completing the same by a resignation ad remanentiam, the Duke of Hamilton, his heir of conquest, claimed the same, as being a separate subject, not consolidated with the superiority. The Lords found, That they belonged to the Earl of Rutherglen, who was heir of investiture of the superiority; and the same was found with regard to the teinds of Crawford, purchased in by the defunct, the lands being entailed upon the Earl of Rutherglen.

Fol. Dic. v. 2. p. 401. Kilkerrarn.

*** This case is No. 10. p. 5615. voce Heritage and Conquest.

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/1740/Mor3414935-041.html