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Hamilton v Brown. [1628] Mor 2819 (30 January 1628)
URL: http://www.bailii.org/scot/cases/ScotCS/1628/Mor0702819-060.html Cite as:
[1628] Mor 2819
Apprisings and Adjudications with Voluntary Rights.
Hamilton v. Brown
Date: 30 January 1628 Case No. No 60.
A disposition, of the same date with the denunciation, but with the first infeftment, was preferred to the apprising.
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Mark Hamilton having comprised a tenement in Edinburgh, pursued for the mails and duties thereof. N. Brown got a disposition of the same tenement from the heritor the very day of Mark's denunciation of his comprising, and was infeft therein before the comprising. Upon which disposition and infeftment prior to the pursuer's comprising he founded his exception, and had it sustained, the disposition proceeding upon an onerous cause, viz. upon a contract of marriage.
Fol. Dic. v. 1. p. 182. Spottiswood, (Comprising) p. 44.
