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Scottish Court of Session Decisions >>
Campbell and Graham v Muir. [1760] Mor 8790 (5 February 1760)
URL: http://www.bailii.org/scot/cases/ScotCS/1760/Mor218790-167.html
Subject_1 MEMBER of PARLIAMENT. Subject_2 DIVISION IV.
Decisions common to qualifications upon the old extent and valuation.
Subject_3 SECT. V.
Freeholders must be infeft on proper Titles, and their infeftments recorded, year and day before Enrolment.
Campbell and Graham v. Muir
Date: 5 February 1760 Case No. No 167.
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Objected to a claimant, That his infeftment having proceeded on a disposition granted by an heir of entail, who was strictly prohibited from alienating the lands.—Answered, A conveyance from an heir of entail, however strictly followed, is good against all except the substitutes; and it is jus tertii to any to plead in their right.—The Court repelled the objection.
