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Scottish Court of Session Decisions >>
Ker v Limpitlaw. [1630] Mor 7779 (11 February 1630)
URL: http://www.bailii.org/scot/cases/ScotCS/1630/Mor1907779-002.html Cite as:
[1630] Mor 7779
Pursuer must qualify a Legal Interest, otherwise no Process.
Ker v. Limpitlaw
Date: 11 February 1630 Case No. No 2.
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It is jus tertii for a party to found upon a stipulation conceived in his favour, unless he can show a benefit thereby; and the stipulation may be transgressed impune, where the party in whose favour it is conceived is not prejudged thereby; and therefore two apprisers having entered into a contract that neither of them should alienate their interest, under the pain of forfeiture, action upon the contract was refused against the party transgressing, where the pursuer could qualify no damage by the alienation.
