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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mr George Johnston v The Lord Lyon and Others. [1669] 1 Brn 578 (19 January 1669)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.
Date: Mr George Johnston
v.
The Lord Lyon and Others
19 January 1669 Click here to view a pdf copy of this documet : PDF Copy
In a declarator, pursued at the instance of the said Mr George, against Mr James Alexander, and the Lord Lyon, as having right from him, to hear and see it found, That an apprising of the lands of Knockhorn, led at Alexander's instance, was satisfied by intromission within the legal;—it was alleged, That the pursuer could have no interest to pursue this action; because his right flowed from the sisters of Robert Irving, against whom Alexander's comprising was led, as lawfully charged to enter heir to Richard Irving, their grandsire; the sisters' right, made to the pursuer, being as heirs served and retoured to the said Richard, their goodsir; whereas none could redeem the comprising, or pursue this declarator, but the heirs of Robert, from whom the lands were comprised.
The Lords repelled this defence, and found, That Robert, being only heir passive, and never entered, his sisters, being infeft as heir to the grandsir, had a good right to redeem or pursue a declarator for extinguishing the comprising.
Page 30.
The electronic version of the text was provided by the Scottish Council of Law Reporting