(1771) 2 Paton 252
CASES DECIDED IN THE HOUSE OF LORDS, ON APPEAL FROM THE COURTS OF SCOTLAND.
(M. 5279; Brown's Sup. 848, et 904.)
House of Lords,
Subject_Succession — Substitute — Rights of Do.—
A Sale by an heir-substitute coming into possession as nearest heir at the time of the succession opening, cannot be set aside by a nearer heir born sometime afterwards, of a second marriage.
For full report of this case, see Morison, p. 5279.
The question arose in the following circumstances:— An estate was conveyed to the eldest son of John Mackinnon,
Against this judgment appeal was taken to the House of Lords.
After hearing counsel, it was
Ordered and adjudged that the appeal be dismissed, and that the interlocutors therein complained of be, and the same are hereby affirmed.
Counsel: For Appellants,
For Respondents, Al. Wedderburn, Tho. Lockhart, Ar. Macdonald.