Letters of legitimation do not entitle agnates to succeed to a bastard, with out a special provision in their favour.
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Robert Hunter disponed the lands of Polmood to his natural son George, for whom he had obtained letters of legitimation.
The descendents of George terminated in his grand-son Thomas Hunter, who conveyed these lands to Mr Alexander Hunter.
This conveyance Adam Hunter, the descendent of a brother of Robert Hunter, brought under challenge, as executed on death-bed, and on other grounds; when it was objected by the defender, That there was no room for agnates in the succession of persons legitimated by the Sovereign, without special clause to that effect; and of cousequence, that the pursuer had in this instance no title to infift in the action, agreeably to the decision in the case of Ramsay contra Gowdie, (supra), which was affirmed on appeal.
The Lords found, ‘That the pursuer had not sufficient title to carry on the present process, and assoilzied.’
Lord Ordinary, Elliock.Act. Crosbie, Honyman.Alt. Lord Advocate Campbell.Clerk, Menzies.
Fol. Dic. v. 3. p. 69. Fac. Col. No 145. p. 226.
