BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Kennedy v Hamilton. [1666] Mor 13277 (15 November 1666)
URL: http://www.bailii.org/scot/cases/ScotCS/1666/Mor3113277-047.html
Subject_1 QUOD AB INITIO VITIOSUM. Subject_2 SECT. IV.
Making up Titles ex post facto.
Kennedy v. Hamilton
Date: 15 November 1666 Case No. No 47.
Click here to view a pdf copy of this documet : PDF Copy
The Lords found a comprising, upon a charge to enter heir, null; because the person, at whose instance the charge was, had no right to the debt the time of the charge; the assignation, whereby he had right, being acquired thereafter, so that the charge was inanis, and without ground. Me referente.
Fol. Dic. v. 2. p. 304. Dirleton, No 47. p. 19.
*** This case is mentioned by Stair in his report of Abercrombie against Anderson, which follows.
