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Scottish Court of Session Decisions


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URL: http://www.bailii.org/scot/cases/ScotCS/1554/Mor2209288-005.html

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[1554] Mor 9288      

Subject_1 NON-ENTRY.
Subject_2 SECT. I.

Non-entry duties how ascertained. - In what holdings does Non-entry take place. Takes place until actual infeftment. But not if the superior be in mora.

The Queen
v.
Laird of Durie

Date: 1 February 1554
Case No. No 5.

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Gif ane air of landis be of lauchful age, and thairfoir havand powar to enter to his landis, lyis out un-enterit to the samin, the landis ar in non-entres all the time and space that he lyis out un-enterit, and micht have enterit thairto, propter negligentiam hæredis non recuperantis jus suum.

Balfour, (Non-Entry.) No 1. p. 257.

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


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