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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Lord Elphingston v The Earl of Marr. [1624] Mor 6620 (18 February 1624)
URL: http://www.bailii.org/scot/cases/ScotCS/1624/Mor1606620-017.html
Cite as: [1624] Mor 6620

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[1624] Mor 6620      
Subject_1 IMPROBATION.
Subject_2 SECT. I.

To Whom this action competent.

Lord Elphingston
 v.
The Earl of Marr

Date: 18 February 1624
Case No. No 17.

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In the improbation pursued by my Lord Elphingston against the Earl of Marr, alleged, The pursuer could not call for improbation of infeftments granted to the Earl of Marr defender, or to his father, because the said infeftments are long posterior to the pursuer's own rights and infeftments, and so cannot prejudge him; and nothing can come under the compass of improbation but that which may prejudge a party.—Replied, He may remove all titles of falsehood, and may improve any evidents whatsoever that may affect his lands.—The Lords repelled this exception.

 Spottiswood, (Improbation.) p. 167.

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/1624/Mor1606620-017.html