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[1611] Mor 8371      

Subject_1 LITIGIOUS.
Subject_2 DIVISION III.

Litigious by Denunciation on a Horning.
Subject_3 SECT. IV.

Tacks granted after denunciation.

Lord Salton
v.
Stewart

Date: 19 July 1611
Case No. No 60.

Found in conformity with the above.


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A tack set by him who is at the horn, will not defend the tenant, being pursued to remove by the donatar having obtained declarator.

A tack set of lands with consent of a Lady liferenter after that she had remained year and day at the horn, will not defend in a removing, if albeit it be set before the liferent was disponed, or declarator intented thereupon.

Haddington, MS. No 2279. & 2281.

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/1611/Mor2008371-060.html