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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Tennant v Murray. [1738] 1 Elchies 96 (17 November 1738) URL: http://www.bailii.org/scot/cases/ScotCS/1738/Elchies010096-001.html Cite as: [1738] 1 Elchies 96 |
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[1738] 1 Elchies 96
Subject_1 COMMONTY.
Tennant
v.
Murray
1738 ,Nov. 17 ,24 .
Case No.No. 1.
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Aeniston doubted whether any process of divison was competent after the contract 1663; 2dly, He thought if such process were competent, that the division behoved to be according to the rule in the statute 1695, and not the interests settled by the interlocutor. But the Lords by a great majority were of a different opinion in both points, and refused
the bill without answers, and adhered to the Ordinary's interlocutor; and 24th November adhered, and refused a reclaiming bill without answers.
The electronic version of the text was provided by the Scottish Council of Law Reporting