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Scottish Court of Session Decisions >>
James Deans of Woodhousely v Sir James Primrose of Elphiston. [1693] 4 Brn 70 (14 February 1693)
URL: http://www.bailii.org/scot/cases/ScotCS/1693/Brn040070-0166.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
James Deans of Woodhousely v. Sir James Primrose of Elphiston
Date: 14 February 1693
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The Lords at first repelled that defence of Sir James's, that being minor, non tenebatur placitare; seeing it was only a redeemable right by the back-bond, and a trust; and 2do, his goodsire, Sir Archibald Primrose, was never infeft thereon: but Sir Archibald's heirs of line not being cited, the Lords stopped process till that was done; and found it not sufficient, that the heirs of Sir William were cited, who was heir of tailyie and provision in this tenement.
