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URL: http://www.bailii.org/scot/cases/ScotCS/1676/Brn030108-0106.html

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[1676] 3 Brn 108      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL
Subject_2 WINTER SESSION 1976.

Anent Non-entry of Blench Lands

1676. November.

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Quæritur, If Blench Lands fall so in non-entry, as, after decreet of declarator, the superior or his donatar will get the full maills and duties. He has right to them after declarator in all other holdings, but the ratio dubitandi in blench is because they bear a reddendo, pro omni alio onere; yet that cannot be a convincing reason, because notwithstanding thereof, their liferent falls, they pay cess, and bear burden, &c.

Advocates' MS. No. 508, § 3, folio 266.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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