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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mr John Kincaid v Gordon of Abergeldie. [1677] 1 Brn 563 (26 June 1677)
URL: http://www.bailii.org/scot/cases/ScotCS/1677/Brn010563-1440.html
Cite as: [1677] 1 Brn 563
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[1677] 1 Brn 563
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN NISBET OF DIRLETON.
Date: Mr John Kincaid
v.
Gordon of Abergeldie
26 June 1677 Click here to view a pdf copy of this documet : PDF Copy
Mr John Kincaid having pursued Gordon of Abergeldie, as representing his father by behaving: His defence was,—That he had right by an expired comprising, whereby his father was denuded; so that he could not be heir to him. But in the same process, in respect a reduction and declarator was intented at the said Mr Kincaid's instance, within ten years after the apparent heir had purchased a right to the said comprising;—
The Lords, though there were no order used, did, simul et semel, sustain the said processes; and appointed count and reckoning, and auditors.
Page 225.
The electronic version of the text was provided by the Scottish Council of Law Reporting