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Scottish Court of Session Decisions


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URL: http://www.bailii.org/scot/cases/ScotCS/1708/Mor1907818-043.html

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[1708] Mor 7818      

Subject_1 JUS TERTII.
Subject_2 SECT. III.

Not competent to object against a Party's title, without a Legal Interest. - What understood to be a Legal Interest.

Relict of A,
v.
Her Children

Date: 19 June 1708
Case No. No 43.

Click here to view a pdf copy of this documet : PDF Copy

In a process at the instance of a defunct's relict and children against the executors, these last being confirmed, they craved deduction for the moveable heirship, as the best of each species of the plenishing, which the heir would have right to, though here he had not claimed it.——The Lords found that the whole was to be accounted for, but ordained the receiver to find caution to warrant them against the heir, when he appeared.

Fol. Dic. v. 1. p. 518. Fountainhall.

*** This case is No 131. p. 5927. voce Husband and Wife.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1708/Mor1907818-043.html