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URL: http://www.bailii.org/scot/cases/ScotCS/1726/Mor2309809-138.html
Cite as: [1726] Mor 9809

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[1726] Mor 9809      
Subject_1 PASSIVE TITLE.
Subject_2 DIVISION III.

Apparent Heir three years in possession.

Marquis of Clydesdale
 v.
Earl of Dundonald

Date: 26 January 1726
Case No. No 138.

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One passing by an apparent heir three years in possession, and serving to a remoter predecessor, is not bound to fulfil the gratuitous debts and deeds of the apparent heir, and has relief of what debts he pays of the apparent heir’ against the apparent heir's representatives in any separate estate.

 Fol. Dic. v. 2. p. 40. Rem. Dec.

*** This case is No 3. p. 1274.; voce Base Infeftment.

*** A similar decision was pronounced February 1727, Mitchell against Wilson. See Appendix.

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/1726/Mor2309809-138.html