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Subject_1 QUOD AB INITIO VITIOSUM. Subject_2 SECT. IV.
Making up Titles ex post facto.
Ker v. Ker
Date: 28 November 1676 Case No. No 53.
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It being alleged against a donatar, That a debt pursued for was heritable quoad fiscum, and replied, That the pursuer had right thereto as executor-creditor; the Lords sustained process upon that title though supervenient, the testament being confirmed after intenting the cause.
Fol. Dic. v. 2. p. 305. Stair. Dirleton. Gosford.
*** Stair's report of this case is No 102. p. 3926. voce Executor, and Dirleton and Gosford's are No 4. p. 9253. voce Nearest of Kin.
