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[1681] Mor 16096      

Subject_1 TITLE TO PURSUE.

Dewar
v.
Dewar

Date: 1 February 1681
Case No. No. 39.

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One served heir in general to his father, intents a reduction of a disposition made by his father on death-bed, of an infeftment of annual-rent in favours of his second son. Alleged, A general service was not a sufficient title whereon to reduce a disposition in lecto of an infeftment, without he were also infeft in these lands. This being reported, “the Lords found the general service enough without a special service or infeftment;” though the grouud of the right quarrelled and craved to be reduced was a real right of lands; only the disposition which was immediately in campo was not a real right that in conveying it by succession needed a special service.

Fountainhall, v. 1. p. 128.

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/1681/Mor3716096-039.html