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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Earl of Dumfries v Robert Menzies. [1759] 5 Brn 872 (15 June 1759)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. Collected By JAMES BURNETT, LORD MONOBODDO.
Subject_2 COMPLAINT FROM STIRLINGSHIRE.
Date: Earl of Dumfries
v.
Robert Menzies
15 June 1759 Click here to view a pdf copy of this documet : PDF Copy
In this case it was the unanimous opinion of the Court, that if, in a process of reduction and improbation, an apparent heir was called, and a decreet of certification recovered against him, that certification was good against everybody coming afterwards to have right to that subject, whether creditor or any succeeding heir; for they thought it was not necessary that the heir should have completed his title in order to be a defender in that process, because nothing was to be concluded against him, nor any subject to be evicted from him, but only a writing to be declared false and forged.
The electronic version of the text was provided by the Scottish Council of Law Reporting