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URL: http://www.bailii.org/scot/cases/ScotCS/1674/Mor2812055-141.html
Cite as: [1674] Mor 12055

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[1674] Mor 12055      
Subject_1 PROCESS.
Subject_2 SECT. VI.

Defences.

Auchintoul
 v.
Innes

Date: 10 December 1674
Case No. No 141.

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The Lords found, That a person being pursued as representing his father, or other predecessors, and denying the passive titles, the same ought to be proved; and that the defender, by proponing a defence in jure, as in the case in question, that annuities were discharged by the late proclamation, does not confess the passive titles; but if he should propone a defence founded upon a right in the person of his predecessor, it would conclude him; so that he could not pretend that the passive titles should be proved.

 Reporter, Newbyth. Fol. Dic. v. 2. p. 187. Dirleton, No 199. p. 88.

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/1674/Mor2812055-141.html