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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Laird of Dunnoone v Robert Stewart. [1549] Mor 3407 (28 May 1549)
URL: http://www.bailii.org/scot/cases/ScotCS/1549/Mor0803407-002.html
Cite as: [1549] Mor 3407

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[1549] Mor 3407      

Subject_1 DECLARATOR.
Subject_2 SECT. I.

Gift of Non-entry. - Gift of Ward.

Laird of Dunnoone
v.
Robert Stewart

Date: 28 May 1549
Case No. No 2.

Superior of ward lands may remove tenants without declarator, but not in case of nonentry.


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Gif lands fall in the superiour's handis be ressoun of ward, he may at the next term warn the occupyaris thairof to flit and remove thairfra, and put his handis to the samin landis, and intromet thairwith; and it is not necessar that he call the tenentis and utheris to heir and see the samin landis decernit to have fallin in ward, and thairby to pertene to him, albeit it be utherwayis in cais of non-entres, in the quhilk it is necessar that the landis be first decernit be decrete of the Lordis to be in non-entres.

Fol. Dic. v. 1. p. 228. Balfour, (Removing.) No 20. p. 460.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1549/Mor0803407-002.html