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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Laird of Heron v - . [1760] 5 Brn 876 (17 June 1760)
URL: http://www.bailii.org/scot/cases/ScotCS/1760/Brn050876-1080.html
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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: Laird of Heron
v.
-
17 June 1760 Click here to view a pdf copy of this documet : PDF Copy
A man was in possession of land, and infeft upon a disposition from the heir of line. There was a personal deed of entail of the same lands, the heir of which granted a trust bond, upon which the trustee led an adjudication. The question was, Whether this was a sufficient title to pursue a maills and duties against the person infeft?—And the Lords unanimously found it was, because the process resolved into a competition of rights and a reduction of the defender's infeftment: and it is an established point, that an adjudication upon the trust-bond of any heir is a sufficient title in the reduction, even of an infeftment.
The electronic version of the text was provided by the Scottish Council of Law Reporting