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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> M'Farlane v Graham of Killearn. [1746] 1 Elchies 329 (17 July 1746)
URL: http://www.bailii.org/scot/cases/ScotCS/1746/Elchies010329-001a.html
Cite as: [1746] 1 Elchies 329
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[1746] 1 Elchies 329
Subject_1 PERSONAL AND TRANSMISSIBLE.
M'Farlane
v.
Graham of Killearn
1746 ,July 17 .
Case No.No. 1a.
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A process was brought against the last Killearn for wrongous turning the pursuer out of possession of his tack, poinded his corns, charging and arresting for more than was due;
and divers other acts of oppression; and when it was enrolled, one of the parties, without any debate, moved the Ordinary to make avizandum, which he did; and next vacancy the defender died, and the pursuer transferred the process against his heir; and an act before answer being pronounced, a proof came this day to be advised, and though the proof was far from being clear, but such as we thought would have been concluded against the last Killearn, if alive, yet because there had been no litiscontestation, in his life, we found that the process did not lie against his heir.
The electronic version of the text was provided by the Scottish Council of Law Reporting