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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sir John Hall of Dunglass v Barrowman and James Gordon of Seton. [1695] 4 Brn 265 (13 February 1695)
URL: http://www.bailii.org/scot/cases/ScotCS/1695/Brn040265-0595.html

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[1695] 4 Brn 265      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.

Sir John Hall of Dunglass
v.
Barrowman and James Gordon of Seton

Date: 13 February 1695

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The Lords found, That the defender's comprisings, not being within year and day of Young's comprising in 1681, which was the first effectual one, infeftment having passed thereon, though they were within year and day of Sir John Hall's, yet they could not come in pari passu with him; because his was reputed in law to be a part of the first; else, if there were a comprising led every year, that connexion would bring in the last equal to the first. And the Lords had formerly decided thus very justly,—13th December 1672, Street against The Earl of Northeslc; 20th February 1679, Tenants of Morton; 7th November 1679, Straiton.

Vol. I. Page 669.

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/1695/Brn040265-0595.html