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[1650] 1 Brn 469      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.

The Laird of Waristoune
v.
Robert Kincade

Date: 16 January 1650

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The Laird of Waristoune, as heir generally retoured to his father, having disposition from umquhile John Kincade, in Gogar, who had infeft his father,— urged, upon the disposition, Robert Kincade lawfully charged to enter heir to his father, to enter himself to the superiority, that he, being retoured specially, might hold of him; as also, craves it to be declared against the Laird of Haltoune, that he ought to hold of him, superior to the said Robert, who was to lose the superiority, if he did not enter. And this is the order in such a case, when the immediate superior is not entered himself; since the special retour should bear of whom holden, that the precepts of the Chancellary may proceed thereon.

Page 170.

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/1650/Brn010469-1267.html