Subject_1 TAILZIE.
Drummond
v.
Deummond
1744 ,July 26 .
Case No.No. 27.
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A substitute heir of tailzie applied summarily by petition to have a tailzie registrate in the books of Session transmitted to be registrate in the register of tailzies, which we refused because the institute was not in the field. He then raised a process against the institute for the same end, who did not compear; and Drummore summarily this morning brought the question before us. I moved that it should be delayed till November that the question might be deliberately considered. Yet the Lords proceeded and ordered it to be recorded.
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