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Scottish Court of Session Decisions >>
Gordon v Milne. [1780] Mor 10309 (29 February 1780)
URL: http://www.bailii.org/scot/cases/ScotCS/1780/Mor2410309-116.html Cite as:
[1780] Mor 10309
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Isabel Gordon possessing the estate of Edintore, as heiress apparent to her brother, disponed the lands to Dr Gordon, reserving her own liferent. Dr Gordon used inhibition to prevent her doing any deed to affect the lands to his prejudice. Posterior to this diligence, she let a nineteen years lease, and died before its expiration. In a reduction of this lease, urged for the tacksman, That when it was granted, the disposition in the pursuer's favour was merely a latent deed, he not having been infeft till long after. Mrs Gordon, on the contrary, being an apparent heir three years in possession, the defender's possession, acquired from her bona fide, must be valid: The inhibition, though it might affect all rights that touched the property of the lands, could not affect those that touched merely the possession. The Lords, without seeming to lay any weight on the effect of the inhibition, were of opinion, that the defender, who had derived his right from a person not infeft, was not entitled to compete with a singular successor who was infeft; and they decerned in the reduction.
