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Sympson and Home v The Earl of Home. [1696] 4 Brn 311 (14 February 1696)
URL: http://www.bailii.org/scot/cases/ScotCS/1696/Brn040311-0671.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Sympson and Home v. The Earl of Home
Date: 14 February 1696
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Anstruther reported Sympson and Home against the Earl of Home. The Lords found, Though they were served as lineal heirs-portioners to Jean Home, Lady Aiton, yet, she being heir by virtue of her father's tailyie, they could not call for reduction and improbation of that tailyie; for that were to quarrel their author's right; so the Earl was not obliged to take a term: But if they insisted, in the exhibition and declarator, that the Earl had amitted his right to the Barony of Aiton, by incurring the irritancy, through assuming the title and dignity as Earl of Home, they might lawfully do the same.
