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Cite as: [1626] Mor 11623

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[1626] Mor 11623      
Subject_1 PRESUMPTION.
Subject_2 DIVISION XIII.

Acts and Deeds are presumed to have been done according to what is common and customary.

Halyburton
 v.
Stewart

Date: 1 July 1626
Case No. No 295.

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An heritable bond being granted, and not bearing, that the infeftment of annualrent should be holden of the annalzier himself, but indefinitely without mention of any superior; it was found presumed for the King, that he behoved to be the superior of whom the annualrent should be holden, and therefore that the liferent escheat of the annualrenter belonged to his Majesty.

 Fol. Dic. v. 2. p. 162. Durie.

*** This case is No 9. p. 3618. voce Escheat.

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/1626/Mor2711623-295.html