Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.

Robert Logane
v.
-

Date: 2 January 1650

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In that removing by Robert Logane, as having right from James Logane, his father, who, after that he was denuded of the superiority in favours of his eldest son and daughter-in-law, by virtue of their contract of marriage, and a base infeftment, was retoured heir to the proprietor, and that to be holden of himself, because his son's and good-daughter's infeftment was never confirmed by the town of Edinburgh, superior to them all;—the Lords would hear the cause, in their own presence, in favours of the good-daughter and her contract of her marriage; and they thought that the confirmation might be drawn back. But, what benefit can it work but only for the superiority? seeing the said umquhile James, being nearest kinsman to the defunct, that was proprietor of the lands, might retour himself heir, and dispone that supervenient right to any man, without doing prejudice to them who had right to the superiority.

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