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Scottish Court of Session Decisions >>
La. Ley v La. Barr. [1625] Mor 7788 (22 July 1625)
URL: http://www.bailii.org/scot/cases/ScotCS/1625/Mor1907788-011.html Cite as:
[1625] Mor 7788
Competent to a Defender to found upon a third party's interest, or other argument, to show there is no ground of claim.
La Ley v. La Barr.
Date: 22 July 1625 Case No. No 11.
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In an action of removing of ward lands, the Lords found this exception relevant, that the defunct, by whose decease the ward was craved, was denuded by a comprising, and a third party infeft holden of the King; notwithstanding it was replied, that the defenders alleged no right from the comprisers; next, that the comprising was to the behoof of the defunct and his heirs, and gave bond to use the same to his behoof; because, it was duplied, That it elided just actions, and the question being anent vacation of ward, it must be adjudged by the decease of him who was vassal, and not by the decease of him to whose behoof.
