BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £5, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
Scottish Court of Session Decisions |
||
|
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Lord Napier v - . [1757] 5 Brn 857 (9 February 1757) URL: http://www.bailii.org/scot/cases/ScotCS/1757/Brn050857-1050.html |
||
[New search] [Contents list] [Printable PDF version] [Help]
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, collected by JAMES BURNETT, LORD MONBODDO.
Date: Lord Napier
v.
-
9 February 1757 Click here to view a pdf copy of this documet : PDF Copy
[Fac. Col. II, No. 23.]
In this case the Lords found that a general service was a sufficient title to carry on an improbation and reduction of rights to lands, so far at least as to force a production.
The President said, that this was determined several years ago, in a case where he had been counsel, and had pleaded that such a service was not a good title, because the heir so served, if he should die, the next heir might make up his title by a special service, and so all the litigation with the former heir would be void and null: nevertheless, the Lords sustained the title, to the effect of forcing a production; but Kilkerran thought it could go no farther,
which I think right; as I think it also right that it should go so far, because it would be very hard to put a man to the expense of a special service before he knows, by the production, whether he has any right to reduce or no.
The electronic version of the text was provided by the Scottish Council of Law Reporting
