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The Lords presumed a son to be dead, from his father burthening a disposition of his estate with his other childrens' provisions, without mention of his, and from this, that the father in a pursuit against him for what belonged to the son, upon the pursuer referring to his oath, that he was dead, acknowledged that he feared the worst.
Fol. Dic. v. 2. p. 264. Forbes.
*** This case is No 110. p. 5553, voce Heritable and Moveable.