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Cite as: [1751] 1 Elchies 396

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[1751] 1 Elchies 396      

Subject_1 RANKING AND SALE.

Patrick Blair, Supplicant

1751, Feb. 28.
Case No. No. 21.

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Blair being served heir in general cum beneficio inventarii to his brother, pursued a sale of his estate on the act 1695, and having applied for diligence to prove certain points in the act; a difficulty occurred yesterday, whether after his service such process was competent at his instance; and this day we granted the diligence, and thought the proof competent, agreeably to the decision 28th July 1748, in the sale of Rutherford's estate, (No. 15, supra,) reported by me; and Kilkerran mentioned another also reported by me, but which I have not marked, in 1742, in the case of one M'Dowall.

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/1751/Elchies010396-021.html