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Scottish Court of Session Decisions >>
Burnet v Bannerman. [1766] Mor 14429 (18 February 1766)
URL: http://www.bailii.org/scot/cases/ScotCS/1766/Mor3314429-015.html Cite as:
[1766] Mor 14429
Tenor of the Brieve. - Form of proceeding. - Reduction of Service. - Can a Service be stopped by an offer to prove a nearer Heir?
Burnet v. Bannerman
Date: 18 February 1766 Case No. No. 15.
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In serving a brieve of heir-male in general, an offer was made to prove a nearer heir. The danger of delaying a service made the Court refuse the proof hoc statu, reserving it to be insisted upon in any process that should be raised upon the service as a title; for the delay of a service may disappoint a man and his heirs of the most lucrative succession.
Fol. Dic. v. 4. p. 272. Sel. Dec. No. 241. p. 315.
*** The report of this case from the Faculty Collection is No. 52. p. 7826. voce Jus Tertii.
