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A fiar, failing heirs-male, “obliged his heirs of line to resign his lands in favours of a brother-in law and his heirs.” This was found not to be a substitution to make the party liable passive, but a conditional obligation.
Fol. Dic. v. 2. p. 397. Stair.
This case is No. 15. p. 10173. voce Personal and Real.