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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Allan Carthcart of Wedderhead v - . [1650] 1 Brn 459 (9 January 1650)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.
Date: Allan Carthcart of Wedderhead
v.
-
9 January 1650 Click here to view a pdf copy of this documet : PDF Copy
In the action of special declarator for nonentry of lands holden of the king
or prince, at the instance of Allan Carthcart of Wedderhead;—it was excepted against the general declarator, That all parties having interest were not called, viz. the Laird of Ardmillane, who was in tenemento from the Laird of Carintoun. To the which it was replied, That the King's donatar needed not to call any except him, who represented the King's immediate tenant, who was the Laird of Carintoun; and he is called per expressum; and it is enough that the rest have been called generally at the market-cross, with all having interest. Which the Lords sustained. And, as to the rest, that the donatar could only have some subsequent [terms] to the gift, it was replied, That it was jus tertii, and that his Majesty's advocate would concur, whose interest it was. Page 147.
The electronic version of the text was provided by the Scottish Council of Law Reporting