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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Gordon of Pitlurg v Gordon of Techmurie. [1742] 1 Elchies 319 (20 February 1742) URL: http://www.bailii.org/scot/cases/ScotCS/1742/Elchies010319-007.html Cite as: [1742] 1 Elchies 319 |
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[1742] 1 Elchies 319
Subject_1 PASSIVE TITLE.
Gordon of Pitlurg
v.
Gordon of Techmurie
1742 ,Feb. 20 .
Case No.No. 7.
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One being infeft in an annualrent to him and the heirs of his body, and his assignees, whom failing to his brother, the President was of opinion, that both brothers being infeft in the annualrent, (though in reality the infeftment was for two annualrents, one to each brother, by the division therein mentioned) the eldest brother dying without children, the other brother needed no service, and therefore might gratuitously discharge; but if a service was necessary, he agreed with the interlocutor, that the discharge was void notwithstanding the act 1695. But upon the question, the Lords adhered to my interlocutor, finding a service necessary, and therefore the discharge void; and refused the bill without answers.
The electronic version of the text was provided by the Scottish Council of Law Reporting
