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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Invercauld v Farquharson. [1735] 1 Elchies 293 (5 February 1735)
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[1735] 1 Elchies 293
Subject_1 MINOR NON TENETUR PLACITARE.
Invercauld
Farquharson
1735 ,Feb. 5 .
Case No.No. 1.
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The Lords found that the defender had the privilege, minor non tenetur placitare, with regard to Reinlivig as well as Stronine, in go far as the defender's right by his original feu charter goes upon the lands of Stronine; but we found that that right was only a right of servitude and could not hinder the pursuer from declaring the property notwithstanding of Kirie of Gogar's tolerance, which was only personal.
The electronic version of the text was provided by the Scottish Council of Law Reporting