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[1629] Mor 14026      
Subject_1 RES INTER ALIOS.
Subject_2 SECT. I.

Proof.

Lundie
 v.
Lundie and Kennedy

Date: 20 November 1629
Case No. No 9.

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In a special declarator after a general, another donatar desiring and compearing to be admitted for his interest, by virtue of a gift of that same rebel's escheat; it was found, that the gift and horning whereupon it proceeded being produced, gave him interest to propone and dispute against the special declarator, albeit no declarator was obtained on that gift; but the gift without horning gave the donatar no interest. Item, it was found, that after general declarator, in the pursuit of special declarator, there was no necessity to produce the horning.

 Act. Advocætus & Gilmer. Alt. Aiton & Stuart. Clerk, Gibson. Fol. Dic. v. 2. p. 348. Durie, p. 468.

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/1629/Mor3214026-009.html