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Cite as: [1628] Mor 7800

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[1628] Mor 7800      
Subject_1 JUS TERTII.
Subject_2 SECT. III.

Not competent to object against a Party's title, without a Legal Interest. - What understood to be a Legal Interest.

Falconer
 v.
Beatie

Date: 15 January 1628
Case No. No 27.

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Found jus tertii to a debtor in a bond to plead upon a backbond granted by an assignee to his cedent, obliging himself, that the sum should return to him, in case the assignee predeceased him, although the event actually happened.

 Fol. Dic. v. 1. p. 517. Durie.

*** This case is No 34. p. 5465., voce Heritable and Moveable.

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/1628/Mor1907800-027.html