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URL: http://www.bailii.org/scot/cases/ScotCS/1738/Mor2711662-329.html
Cite as: [1738] Mor 11662

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[1738] Mor 11662      
Subject_1 PRESUMPTION.
Subject_2 DIVISION XVI.

Other Presumptions.

Bannermans
 v.
Bannerman

Date: 21 July 1738
Case No. No 329.

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Where, in a process upon the passive titles, it is objected, that the person is still alive, a decree-dative, nor even a confirmation, will not be proof of the death, because there is no cognition of the death taken in confirmations; and therefore, in this case, where no circumstances were condescended on to instruct the person's death, other than a decree-dative, the Lords found, that the person's death must be further instructed.

 Kikerran, (Executor.) No 2. p. 171.

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/1738/Mor2711662-329.html