 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
Scottish Court of Session Decisions |
||
|
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Burden v Whitefoord of Dunduff. [1742] 2 Elchies 215 (4 June 1742) URL: http://www.bailii.org/scot/cases/ScotCS/1742/Elchies020215-011.html Cite as: [1742] 2 Elchies 215 |
||
[New search] [Printable PDF version] [Help]
[1742] 2 Elchies 215
Subject_1 FRAUD.
Date: Burden
v.
Whitefoord of Dunduff
4 June 1742
Case No.No. 11.
Click here to view a pdf copy of this documet : PDF Copy
Fraud of the author found competent against the singular successor in personal rights, or in incomplete real rights of lands, even though that author had an infeftment, since that infeftment was null as flowing from a person
not infeft;—and a decreet of reduction against the author, though it was not sustained as res judicata against the successor, because he had been convened, and obtained a decreet of absolvitor in that very process of reduction, (but founded on an error in fact;) yet the proof there led was found good evidence in this process, but prejudice to the defender to elide it.
The electronic version of the text was provided by the Scottish Council of Law Reporting