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Scottish Court of Session Decisions >>
Guthrie v Hardrope. [1633] Mor 9000 (19 November 1633)
URL: http://www.bailii.org/scot/cases/ScotCS/1633/Mor2209000-130.html Cite as:
[1633] Mor 9000
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Ninian Guthrie charges William Hardrope to enter heir to his father, being a pupil, and obtains decreet against him as lawfully charged to enter heir. This decreet is suspended, and another decreet is obtained against the suspension. Ninian comprises the land pertaining to the said William, and obtains himself entered by the superior. The pupil, after all this, is authorised by a factor-dative, and offers to renounce to be heir re integra in a suspension raised by his said tutor. It is alleged for the pursuer, That the renunciation made now could not take away his two decreets, and his comprising following thereupon.—The Lords found the minor might renounce, but the debts and comprising mast stand valid, notwithstanding of the apparent heir's posterior renunciation.
