[1741] 1 Elchies 319
Subject_1 PASSIVE TITLE.
M'Kenzie
v.
Buchanan
1741 ,Feb. Dec. 11 .
Case No.No. 6.
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We were unanimous that there was no gestio pro harede at common law; and further found that Sandside having an adjudication in 1681, and purchased further rights in 1698 and 1699, and possessed upon these rights, that although his eldest son was then apparent-heir of William Buchanan of Sound, and supposing that this defender were now apparent-heir of them also, yet that the defender is not in the case of the act 1695.
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