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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Earl Forfar v Gilhagie. [1712] Mor 10446 (31 January 1712)
URL: http://www.bailii.org/scot/cases/ScotCS/1712/Mor2510446-023.html
Cite as: [1712] Mor 10446

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[1712] Mor 10446      

Subject_1 PERSONAL OBJECTION.

Earl Forfar
v.
Gilhagie

Date: 31 January 1712
Case No. No 23.

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The Lords refused to allow the heir of provision of the granter of a charter, to quarrel the same for want of infeftment, in an improbation at his instance; but repelled him, even in the first instance, upon his being subsidiarie liable to warrant the right, without necessity to call the heir of line, quia lites non sunt multiplicandæ.

Fol. Dic. v. 2. p. 81. Forbes. Fountainhall.

*** This case is No 47. p. 7820, voce Jus Tertii.

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/1712/Mor2510446-023.html