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Subject_1 SUPERIOR AND VASSAL.
Duncan
v.
The Earl Of Aberdeen
1742 ,June 23 .
Case No.No. 7.
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Notwithstanding the act of sederunt 1768 appointing resignation in burgh by staff and baston, yet in the town of Aberdeen from that time till 1722 there were 399 resignations by a penny utole agreeable to the Leges Burgorum 56, and only 16 agreeable to the act, and particularly one infeftment of annualrent to which Duncan has right was by a penny utole; and therefore the question was, Whether to sustain this objection to annul Duncan's infeftment? We delayed till the 25th that a decision quoted in 1729 concerning such a resignation in this burgh in 1718 should be laid before us. Accordingly, the 25th, the former interlocutor was laid before us, which was indeed in point, and more direct than was set furth in the papers. It was an annualrent right, and the symbols a penny utole in the year 1707; and therefore we adhered. (See Dict. No. 8. p. 14,316.)
The electronic version of the text was provided by the Scottish Council of Law Reporting