Subject_1 QUOD AB INITIO VITIOSUM.
Subject_2 SECT. IV. Making up Titles ex post facto.
Lord Livingston
v.
Gordon
1683 .March — .
Case No.No 56.
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In an action of mails and duties, at the instance of a donatar of forfeiture, it was objected, no process till the gift be declared. The Lords allowed declator to be raised incidenter in the present process.
*** This case is reported by Harcarse, No 18. p. 3416. voce Declarator; and by Harcarse and P. Falconer, No 41. p. 4714. voce Forfeiture.
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