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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Maxwell of Dalswinton v Maxwell of Barncleugh. [1741] 2 Elchies 421 (00 January 1741)
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Subject_1 PAPIST.
Maxwell of Dalswinton
v.
Maxwell of Barncleugh
Case No.No. 2.
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Protestant-Heir,—the Lords were greatly divided, whether adjudication could be led against him on a charge to enter heir, or if he can make up a title any other way than by service and entry in the lands. There were two questions, 1st, That point of law; 2dly, Whether that was not already overruled; and first, they without determining either, sustained the adjudger's title, 22d January 1740; but afterwards found the objection competent; and thereafter sustained the title, upon its appearing that the Protestant heir was now heir of blood, and served, and concurred, and upon, a sort of bargain at the Bar.
The electronic version of the text was provided by the Scottish Council of Law Reporting