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Scottish Court of Session Decisions >>
Thomas Veitch v Mary Newlands. [1698] 4 Brn 408 (8 June 1698)
URL: http://www.bailii.org/scot/cases/ScotCS/1698/Brn040408-0819.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Thomas Veitch v. Mary Newlands
Date: 8 June 1698
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I reported the competition betwixt Mr Thomas Veitch, advocate, and Mary Newlands; and the Lords found Newlands had a sufficient interest to propone the nullity against Mr Thomas's adjudication, notwithstanding they did not instruct themselves to be creditors to Dickson, who was Mr Thomas's author, seeing they stood infeft in the tenement; and found the right was in trust for the apparent heir's behoof, notwithstanding the back-bond bore no obligement to retrocess, but only a discharge of personal and real execution; and sustained the nullity against his adjudication, that it wanted a special charge to enter heir; and so preferred Newlands in hoc statu processus.
