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A declarator of liferent escheat requires continuation; because the superior of a subject must prove that the lands hold of him.
Fol. Dic. v. 2. p. 178. Durie.
*** This case is No 297. p. 11623. voce Presumption.
*** In the case of Lochinvar against Lindsay, 24th March 1632, No 42. p. 8358. voce Litigious, it was found, that if the superior produce his own infeftment of the lands libelled, this will save continuation.
