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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Patrick Livingstoun of Barownie v Fullerton of that Ilk. [1628] 1 Brn 375 (28 February 1628)
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[1628] 1 Brn 375      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Subject_2 The following CASE, and those in the preceding pages, marked as taken from 2d MS. are not found in the MS. followed by Mr Morison, while printing in his Dictionary the Cases from Auchinleck referred to in the Folio Dictionary by Lord Kames.

Patrick Livingstoun of Barownie
v.
Fullerton of that Ilk

Date: 28 February 1628

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Fullerton, of that ilk, being charged to enter heir, a year after his father's decease, at the instance of Patrick Livingstoun of Barownie;—it is excepted, That he is not lawfully charged to enter heir, because he was not born till after his father's decease, and so could not be charged before he was born. The Lords gave the defender as long space as might complete the year, after his birth and his father's decease.

2d MS. Page 1.

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/1628/Brn010375-1003.html