Oliphant v Hamilton of Kilpoty. [1667] Mor 2171 (2 January 1667)

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Scottish Court of Session Decisions

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[1667] Mor 2171

Subject_1 CHARGE TO ENTER HEIR.

Oliphant
v.
Hamilton of Kilpoty

Date: 2 January 1667
Case No. No 6.
A poinding of the ground is competent against an apparent heir, without a charge to enter.

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William Oliphant having obtained a decreet for poinding of the ground against Hamiton, he suspends on this reason, That he was neither decerned as heir, nor possessor, but as apparent heir to the heritor, and was never charged to enter heir.
The Lords repelled the reason, and found this action, being real, was competent against the apparent heir without a charge.
Fol. Dic. v. 1. p. 130. Stair, v. 1. p. 422.

The electronic version of the text was provided by the Scottish Council of Law Reporting

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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Oliphant v Hamilton of Kilpoty. [1667] Mor 2171 (2 January 1667) URL: http://www.bailii.org/scot/cases/ScotCS/1667/Mor0502171-006.html