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Scottish Court of Session Decisions >>
Gordon v Lord Duffus. [1676] Mor 16156 (20 January 1676)
URL: http://www.bailii.org/scot/cases/ScotCS/1676/Mor3716156-021.html
Transference was found to need no new enrolment, but to proceed with the principal cause as it was enrolled.
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Mr. George Gordon having pursued the late Lord Duffus, he insists now in a transference against the now Lord Duffus, as heir to his father, and produces his retour. It was alleged for the Lord Duffus, No process in the transference, until it be enrolled and discussed, according to the book of enrolment. It was answered, That transference in wakening being but incident and accessory process, need not of new to be enrolled, but proceed with the principal cause, as it was enrolled before, which is ordinarily practised in wakenings; and the same reason is for transference, where the passive title is instantly verified.
The Lords sustained the allegeance, and found the process to proceed according to the enrolment in the principal cause, without a new inrolment of the transference.
