BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Wedderburn of That Ilk v Town of Dundee. [1740] Mor 11986 (4 January 1740)
URL: http://www.bailii.org/scot/cases/ScotCS/1740/Mor2811986-039.html Cite as:
[1740] Mor 11986
Click here to view a pdf copy of this documet : PDF Copy
In a declarator of astriction, the question occurred, how far the neglecting to call the heritor of the servient tenement, is supplied by his appearing, sisting himself as a party, and litiscontestating. The Lords found, That however a man's appearing for his interest may give ground for a decreet of preference against him, yet where he is not called, and no conclusion against him, his appearing in the process is no sufficient foundation of a personal decerniture against him.
Fol. Dic. v. 2. 179.*** Kilkerran reports this case:
Where one not called in a process compears for his interest, though such compearance may be ground for a decree of preference, yet it was found, that his appearing for his interest could not be the foundation of a personal decerniture against him.
