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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mr Patrick Home, Advocate, v The Earl of Home. [1676] 1 Brn 751 (21 January 1676) URL: http://www.bailii.org/scot/cases/ScotCS/1676/Brn010751-1726.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.
Date: Mr Patrick Home, Advocate,
v.
The Earl of Home
21 January 1676 Click here to view a pdf copy of this documet : PDF Copy
In a pursuit, at Mr Patrick Home's instance, against some of the tenants of Coldinghame, compearance being made for the Earl, who offered to defend upon a right to the lands,—it was alleged for the pursuer, That he having transferred his title against the Earl, passivè, as heir to his brother, he could not be heard to defend the tenants, unless he had a title in his own person; in which case he was content to debate, seeing thereby he behoved to be heir.
It was replied, That albeit the transferring was given against him as heir passive, yet that did not hinder him to defend upon any other right, without being heir.
The Lords did repel the allegeance, and found that the transferring being only against the Earl passivè, it could not hinder him to defend upon any other right which he had acquired singulari titulo.
Page 532.
The electronic version of the text was provided by the Scottish Council of Law Reporting