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Patrick Cockburn v Jane Blackburn and James Wood her Husband. [1679] 3 Brn 307 (12 November 1679)
URL: http://www.bailii.org/scot/cases/ScotCS/1679/Brn030307-0385.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Patrick Cockburn v. Jane Blackburn and James Wood her Husband
Date: 12 November 1679
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Patrick Cockburn of Borthwick against Jane Blackburn and James Wood her spouse. The Lords simply annulled a decreet in absence, pronounced on the 31st day of July, because it was not a sentence done in the Inner-House, and the 31st of July is not a sitting day in the Outer-House. But if it had been pronounced before, and scored out for not paying the half-crown for the macer's dues, and then put up in the minute-book as dated the last day of the Session, this would suffer more debate.
In this case Newton likewise found, that Patrick Cockburn's retour, as heir to his father, was not a title in this declarator of the expiration of a back-tack in a wadset, but he behoved also to be infeft in the wadset lands, and to produce it; but found, though this objection was competent to the heirs of the granters of the wadset, yet it was jus tertii to the relict, though she had a liferent infeftment, because it was posterior to the wadset.
