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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Irvine of Kinkaussie v Kerr. [1666] 1 Brn 519 (24 January 1666)
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Cite as: [1666] 1 Brn 519
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[1666] 1 Brn 519
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN BAIRD OF NEWBYTH.
Date: Irvine of Kinkaussie
v.
Kerr
24 January 1666 Click here to view a pdf copy of this documet : PDF Copy
In a general declarator of escheat, pursued at the instance of Irvine of Kinkaussie, against —— Kerr,—
It was excepted, That the charge whereupon the denunciation did proceed, was null: being given upon six days against the party living benorth the Water of Dee; and so contrary to the Act of Parliament.
To which it was replied, The allegeance ought to be repelled, in respect of the defender's consent to the registration within six days.
The Lords repelled the defence, in respect of the consent, notwithstanding the Act of Parliament.
Page 52.
The electronic version of the text was provided by the Scottish Council of Law Reporting