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Cite as: [1622] Mor 9706

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[1622] Mor 9706      
Subject_1 PASSIVE TITLE.
Subject_2 DIVISION I.

Behaviour as Heir.
Subject_3 SECT. VIII.

Acts of the Heir proceeding from his Connection with the Predecessor.

Lord Semple
 v.
Hay

Date: 25 March 1622
Case No. No 56.

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An apparent heir of a nobleman assuming his predecessor's titles is not a behaviour.

 Fol. Dic. v. 2. p. 32. Erskine, MS. *** Auchinleck reports this case.

1633. December 21.— John Hat of Tourlands pursues my Lord Semple as heir to his father, in so far as after his father's decease, he behaved himself as heir, in riding in Parliament and for succeeding to his father's honours; which was repelled, seeing Semple was in fee of the lands before his father's decease, reserving only his father's liferent. This interlocutor was pronounced 20th March 1623, and a bill given in for an extract thereof at Semple's instance 21st December 1633.

 Clerk, Hay. Auchinleck, MS. p. 7.

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/1622/Mor2309706-056.html