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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Christian Jean Sutherland v Jean Sutherland. [1786] Hailes 998 (20 July 1786)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 HEIR APPARENT.
Subject_3 Inhibition used against an intermediate Apparent Heir, of no effect after the succession is taken up by a subsequent heir serving to the predecessor last infeft.
Date: Christian Jean Sutherland
v.
Jean Sutherland
20 July 1786 Click here to view a pdf copy of this documet : PDF Copy
[Fac. Coll. IX. 449; Dict. 5294.]
Braxfield. Andrew Sutherland, being never more than an apparent heir, was never possessed of a subject capable of being affected by inhibition. The one arrestment could not affect a subject which did not belong to Andrew Sutherland: the other arrestment in the hands of the consignee is good.
On the 20th July 1786, “The Lords preferred Jean Sutherland primo loco for her provision of liferent, according to her contract of marriage and infeftment produced;” adhering to the interlocutor of Lord Elliock.
For G. Sutherland, Al. Elphinston.
Alt. C. Craigie.
The electronic version of the text was provided by the Scottish Council of Law Reporting