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Earl of Dundonald v Glenagies and the Earl of Marr. [1675] Mor 15193 (2 July 1675)
URL: http://www.bailii.org/scot/cases/ScotCS/1675/Mor3515193-054.html Cite as:
[1675] Mor 15193
Earl of Dundonald v. Glenagies and the Earl of Marr
Date: 2 July 1675 Case No. No. 54.
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A tack of the teinds of Kilmaranoch being set by the Abbot of Cambuskenneth to Sir James Erskine for his life-time, and for the life-time of his heir-male; and after the decease of the heir-male, for the life-time of his heir-male, and two nineteen years thereafter; the Earl of Dundonald, having right by progress to the said tack, pursued a spuilzie of the teinds.
It was alleged, That the tack is expired; and if the Earl of Dundonald will condescend and prove that the said Sir James had an heir-male surviving, the defenders will offer to prove, that two nineteen years had expired since the decease of the last heir-male.
The Lords found, That the pursuer should condescend upon an heir-male, and prove that he survived the said Sir James; and if he should condescend and prove, that the defender ought to prove (as said is) that the tack was expired; and did assign to the pursuer and defender to prove respective.
