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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sinclair v Heirs of Sir Robert Hepburn. [1668] 1 Brn 574 (23 July 1668)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.
Date: Sinclair
v.
Heirs of Sir Robert Hepburn
23 July 1668 Click here to view a pdf copy of this documet : PDF Copy
In a reduction, pursued at the instance of Hugh Sinclair, against the heirsmale of Sir Robert Hepburn, against whom inhibition was served, after which he had disponed the lands of Monkrig: It was alleged, That all persons having interest were not cited,—viz. the heirs of line, who were living, and condescended.
This defence was sustained; notwithstanding it was replied, That the pursuer should be content to cite the heir of line to that day that should be assigned to satisfy the production: for the Lords found, That the heir of line should have been cited, and called in the principal summons, as being first liable to have been discussed in case of eviction: Therefore they would not sustain the action without a new summons.
Page 16.
The electronic version of the text was provided by the Scottish Council of Law Reporting