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United Kingdom House of Lords Decisions
You are here: BAILII >> Databases >> United Kingdom House of Lords Decisions >> Adam Hunter v. Right Hon. Elizabeth Hunter of Polmood, and Husband - Giffor - Forbes [1823] UKHL 1_Shaw_459a (9 June 1823)
URL: http://www.bailii.org/uk/cases/UKHL/1823/1_Shaw_459a.html
Cite as: [1823] UKHL 1_Shaw_459a
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SCOTTISH_HoL_JURY_COURT
Page: 459↓
(1823) 1 Shaw 459a
CASES DECIDED IN THE HOUSE OF LORDS, ON APPEAL FROM THE COURTS OF SCOTLAND.
2 d Division.
No. 62.
v.
Subject_Service. —
Held, ex parte, (affirming the judgment of the Court of Session,) That a service founded on by the appellant was null, being unsupported by evidence.
The appellant Adam Hunter, tenant in Alterstane, having obtained himself served heir-male and heir-of-line of Robert Hunter of Polmood, raised an action of reduction of the titles under which the respondents held that estate. On the other hand, they brought a reduction of his service; and this being considered the prejudicial process, and entitled to take the lead, the other action was sisted. The case then resolved into a matter of evidence, and the Court, on the report of the Lord Ordinary, on the 18th of January 1814, reduced the service, and assoilzied the respondents.
Hunter then entered an appeal, but he lodged no Case; and the respondents having put in a Case, the House of Lords “ordered and adjudged, that the said petition and appeal be, and is hereby dismissed this House; and that the said interlocutors therein complained of be, and the same are hereby affirmed.”
Solicitors: Spottiswoode and Robertson,—Solicitors.
( Ap. Ca. No. 15.)