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United Kingdom House of Lords Decisions
You are here: BAILII >> Databases >> United Kingdom House of Lords Decisions >> Poor John Alexander v. William Mark of Markston, and John Mackie [1819] UKHL 6_Paton_444 (7 April 1819)
URL: http://www.bailii.org/uk/cases/UKHL/1819/6_Paton_444.html
Cite as: [1819] UKHL 6_Paton_444
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SCOTTISH_HoL_JURY_COURT
Page: 444↓
(1819) 6 Paton 444
CASES DECIDED IN THE HOUSE OF LORDS, UPON APPEAL FROM THE COURTS OF SCOTLAND.
No. 83
v.
House of Lords,
Subject_Service — Propinquity. —
Circumstances in which the appellant failed to establish his preferable right to succeed and be served heir to the deceased Quinten Alexander.
The respondents having been served as nearest and lawful heirs to Quinten Alexander by a general service obtained before the Magistrates of Canongate, the appellant brought a reduction of that service, stating his propinquity to the said Quinten Alexander, and alleging that he was a nearer heir than the respondents.
After a long proof was led, the Court sustained the defences stated for the respondents, and dismissed the appellant's action.
Mar. 11, 1809.
Feb. 10, 1810.
Against these interlocutors the present appeal was brought, stating chiefly the facts and circumstances disclosed in proof on both sides; and commenting upon some written documents adduced for the appellant, which bore intrinsic evidence of forgery. The House of Lords affirmed the judgment of the Court of Session.
Counsel: For the Appellant,
Sir Saml. Romilly,
Fra. Horner,
John Cuninghame.
For the Respondents,
John Leach,
Geo. Cranstoun,
Adam Duff.