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Hunter v His Tenants. [1629] Mor 9443 (16 December 1629)
URL: http://www.bailii.org/scot/cases/ScotCS/1629/Mor2309443-027.html Cite as:
[1629] Mor 9443
Obligation to grant a Right. - Whether such an Obligation be equivalent, as if the Right were granted.
Hunter v. His Tenants
Date: 16 December 1629 Case No. No 27.
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In a removing, the defender defending with a contract of wadset, and actual possession by the pursuer's author, the same was repelled against this removing pursued by a singular successor. Item, The said contract providing, that the defender shall be kindly tenant for the old duty, after the redemption; this also was found not to defend him against this pursuer, because it was conceived in terms of an obligation, to receive him a kindly tenant, and was not by words of the present time.
