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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Greenock v Greenock. [1736] 1 Elchies 183 (16 December 1736)
URL: http://www.bailii.org/scot/cases/ScotCS/1736/Elchies010183-001.html
Cite as: [1736] 1 Elchies 183

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[1736] 1 Elchies 183      

Subject_1 HERITAGE AND CONQUEST.

Greenock
v.
Greenock

1736, Dec. 16.
Case No. No. 1.

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In the competition betwixt the heir of line and of conquest for the teinds, the Lords preferred the heir of line, who succeeded in this case likewise to the lands, and though teinds may no doubt go to heirs of conquest as well as lands, (I mean rights conquest of teinds of other mens lands) yet several, inter quos ego, thought in general, that where one purchased the teinds of his own lands, they both behoved to descend to the same series of heirs, unless the contrary were specially provided. But that general point was not determined, because of a specialty in this case, that, by the disposition of the lands, the reddendo could not be performed by any other but the heir in the lands.

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


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