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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Patrick Houstoun v William M'Kie. [1685] 2 Brn 75 (00 March 1685)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
Patrick Houstoun
v.
William M'Kie
1685 .March .Click here to view a pdf copy of this documet : PDF Copy
One being pursued as se gerens pro hærede by intromission with the pursuer's deceased debtor's rents, he alleged, That he was but a second brother, and so could not be heir. Answered for the pursuer, The elder brother having been eighteen years abroad, without any account of him, is reputed to be dead; and so the defender is now apparent heir. The Lords sustained the defence, and found the pursuer could not, hoc ordine, call for the defender's intromissions, but ought to adjudge the lands, or arrest the rents.
Page 11, No. 50.
The electronic version of the text was provided by the Scottish Council of Law Reporting