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The Feuars of Dirleton v Sir John Nisbet of Dirleton. [1679] 3 Brn 307 (14 November 1679)
URL: http://www.bailii.org/scot/cases/ScotCS/1679/Brn030307-0388.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
The Feuars of Dirleton v. Sir John Nisbet of Dirleton
Date: 14 November 1679
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In a declarator of a servitude of pasturage, quarrie, lime-stone, birlaw-courts, &c. raised by the Feuars of Dirleton against Sir John Nisbet; Newton would not sustain a naked seasine as a sufficient active title in the said declarator, till the charters, precepts of clare constat, and the other warrants of the seasines, were produced.
Vol. I. Page 64.
Anent Executions of Inhibitions.
Newton annulled an inhibition, because it wanted the three several oyeses at the market-cross, though it was positively offered to be proven that they were truly made; because the expressing them in the execution is de forma ejus essentiali, and cannot be supplied.
