Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN BAIRD OF NEWBYTH.
Date: James Justice
v.
Adam Nisbet
4 February 1665 Click here to view a pdf copy of this documet : PDF Copy
Adam Nisbet, having right, by progress, to a comprising of the lands of Easter-Crichtoun, pursues a declarator of expiring of the legal. In this action compears James Justice, who had likewise apprised the same lands, and infeft therein; and alleged, There could be no declarator, in respect of his prior rights and infeftment.
The Lords sustained process; but found, that the declarator could operate nothing as to James Justice, or any other person having a later right, and prior to the pursuer's.
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