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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Creditors of Newlaw, Competing. [1788] 1 Elchies 421 (19 December 1788)
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[1788] 1 Elchies 421
Subject_1 SERVICE AND CONFIRMATION.
Creditors of Newlaw, Competing
1788 ,Dec. 19 .
Case No.No. 7.
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The Lords resolved to lay aside all the objections of res judicata on either side, and first found that Charles Murray the son might adjudge, being nominatim substitute in the bond of corroboration, without serving heir to his father in that bond. Some of us inter quos ego doubted, because if the father had taken infeftment, we agreed that a service would have been necessary, and I could not see that the taking or not taking a sasine could alter the point of law, Whether it was necessary to make up a title or not? Vide Dirleton's Doubts and Stuart's Answers De Feod. pœcun. &c. Ques. 9th. January 6, The Lords remitted a reclaiming bill to the Ordinary to the end that the whole cause might be entire.
The electronic version of the text was provided by the Scottish Council of Law Reporting