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[1684] 2 Brn 59      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.

Mr David Hume
v.
Hume of Crossrig

1684. March.

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A compriser having called an apparent heir in a declarator of expiring of the reversion, the defender alleged, That the apprising was satisfied by a sale of part of the lands. Answered for the pursuer, That the defender had no interest to propone such an allegeance, without being served heir or infeft. Replied for the defender, That be, being called as a defender, and not pursuing, had good interest to allege that the pursuer's right was extinct and satisfied. The Lords sustained the reply.

Page 10, No. 47.

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/1684/Brn020059-0157.html