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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> James Johnston and Walter Whitford v The Laird of Johnston. [1630] 1 Brn 180 (18 June 1630)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.
Date: James Johnston and Walter Whitford
v.
The Laird of Johnston
18 June 1630 Click here to view a pdf copy of this documet : PDF Copy
In an exhibition of certain evidents of lands, pursued by James Johnston, apparent heir to George and Mr Walter Whitford, against the Laird of Johnston;—Alleged, No exhibition at James his instance, as apparent heir to his father; because the defender was infeft in the same lands, whereof the evidents were sought to be exhibited, by disposition flowing from the said James. Replied, Mr Walter concurred in the pursuit, who had disposition of the said lands from James, whereupon he had served inhibition, and that before the said disposition made to the defender. Duplied, He had no interest, because he was not infeft. Triplied, He was seeking the evidents to the end he might be infeft. The Lords found the exception relevant.
Page 124.
The electronic version of the text was provided by the Scottish Council of Law Reporting