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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Robert Chapman v Umphra Colquhouns. [1686] 2 Brn 98 (00 December 1686)
URL: http://www.bailii.org/scot/cases/ScotCS/1686/Brn020098-0255.html
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
Robert Chapman
v.
Umphra Colquhouns
1686 .December .Click here to view a pdf copy of this documet : PDF Copy
In a competition of infeftments, it being alleged, That the prior in date was not valid, in respect the sasine proceeded upon a precept of clare constat, granted by Bishop Leighton as superior, and was taken after he was removed from his bishopric, when he was civilly dead; and, mortuo mandatore, expirat mandatum;—Answered, 1. The bishop's precept is sufficient till his death; and the deposing or translating doth no more prejudge it than if he had sold the superiority after granting of the precept; 2. The succeeding bishop ratified and confirmed the precept and infeftment. The Lords sustained the answer, and preferred the prior infeftment.
Page 168, No. 605.
The electronic version of the text was provided by the Scottish Council of Law Reporting