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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Thomas Findlay v Thomas Morgan. [1770] Hailes 357 (20 July 1770)
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Cite as: [1770] Hailes 357
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[1770] Hailes 357
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 SERVICE OF HEIRS.
Subject_3 An infeftment taken upon a Precept of Clare Constat, to the next Hair of the person last seized in liferent, and to his Son in fee, erroneous; and an adjudication laid against the Son, as vested in the estate upon that title, reduced.
Date: Thomas Findlay
v.
Thomas Morgan
20 July 1770 Click here to view a pdf copy of this documet : PDF Copy
[Faculty Collection, V. p. 92; Dictionary, 14,480.]
Coalston. The interlocutor is agreeable to the feudal law, and to the noted case of Landales.
Auchinleck. My doubt is as to what has not been urged by the Lord Ordinary, that the infeftment, 1709, however erroneous, is now secured by prescription.
On the 20th July 1770, “The Lords found that the infeftment upon the precept 1709 was erroneous;” adhering to Lord Kaimes's interlocutor: but remitted to the Ordinary to hear parties as to prescription.
Act. R. M'Queen. Alt. A. Wight.
The electronic version of the text was provided by the Scottish Council of Law Reporting