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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Fenton v Lockhart of Carnwath. [1691] Mor 1293 (9 December 1691)
URL: http://www.bailii.org/scot/cases/ScotCS/1691/Mor0301293-022.html
Cite as: [1691] Mor 1293

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[1691] Mor 1293      

Subject_1 BASE INFEFTMENT.
Subject_2 SECT. IV.

Publication by Confirmation.

Fenton
v.
Lockhart of Carnwath

Date: 9 December 1691
Case No. No 22.

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The time of the sealing, and not of the confirmation in the Exchequer, is to be considered; and therefore Mr Fenton, who had cited in a poinding of the ground upon the 1st of March, was brought in pari passu with Carnwath, who first was confirmed on the 28th February, and sealed the said 1st of March; and a probation by witnesses, that this citation was an hour prior to the sealing, was sustained to prefer him; and adhered to December 22. thereafter; and the priority of an hour being proven, he was simply preferred. See Confirmation.

Fol Dic. v. 1. p. 89. Harcarse, No 622. p. 172.

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/1691/Mor0301293-022.html