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Nasmith v Nasmith. [1681] Mor 13479 (23 November 1681)
URL: http://www.bailii.org/scot/cases/ScotCS/1681/Mor3113479-056.html Cite as:
[1681] Mor 13479
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In the action of reduction and declarator, pursued at the instance of Sir Michael Nasmith of Posso, against his son James Nasmith, the Lords found an order of redemption of an apprising, against the said Sir Michael, whereto his son James had right, null, in regard the procurator had no warrant from Sir Michael, the time of using the order; and that the procurator, who compeared for the compriser the time of the said order, took instruments that there was no procurator produced; but this speciality was the reason of the decision.
Fol. Dic. v. 2. p. 322. P. Falconer, No 2. p. 1.
*** Stair's Harcarse's and Sir P. Home's reports of this case are No 58. p. 5316, and No 60. p. 5319. voce Heir Apparent.
