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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Graham v Graham. [1779] Mor 16132 (4 February 1779)
URL: http://www.bailii.org/scot/cases/ScotCS/1779/Mor3716132-085.html
Cite as: [1779] Mor 16132

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[1779] Mor 16132      

Subject_1 TITLE TO PURSUE.

Graham
v.
Graham

Date: 4 February 1779
Case No. No. 85.

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A party having made up a title by general service, as heir of tailzie to his brother, (the heir last infeft,) brought a reduction of a tack and removing from the lands on various grounds. Objected by the defender, The pursuer has no title to carry on this action; the property of the lands under lease is still in hæreditate jacente of the heir last infeft, and cannot be vested in the pursuer without a special service. The Court found, That the pursuer's general service is no sufficient title to pursue this action.

Fac. Coll.

*** This case is No. 9. p. 3186. voce Death-bed.

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/1779/Mor3716132-085.html