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Cite as: [1699] Mor 16099

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[1699] Mor 16099      
Subject_1 TITLE TO PURSUE.

Learmonth
 v.
Gordon

 Date: 11 July 1699
Case No. No. 46.

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An objection being made against the title of a pursuer of a process of sale, That it was only an infeftment of annual-rent, which is but a servitude, whereas none can pursue but such a creditor as has a right of property; the Lords repelled the objection, though the infeftment was not over the whole, but of a part of the lands.

 Fol. Dic. v. 2. p. 473. Fount.

*** This case is No. 6. p. 3096. voce Consuetude.

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/1699/Mor3716099-046.html