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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> M'Vicar v Cochran and Ker. [1748] Mor 15095 (14 July 1748)
URL: http://www.bailii.org/scot/cases/ScotCS/1748/Mor3415095-097.html
Cite as: [1748] Mor 15095

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[1748] Mor 15095      

Subject_1 SUPERIOR AND VASSAL.
Subject_2 SECT. XXII.

In Actions at the Superior's instance, who must be called? - Concursus actionem at the Superior's instance.

M'Vicar
v.
Cochran and Ker

Date: 14 July 1748
Case No. No. 97.

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A superior cannot pursue both for payment of by-gone feu-duties, and a declarator of irritancy ob non solutum canonem, but must be content with the one or the other.

Fol. Dic. v. 4. p. 316. Kilkerran, No. 7. p. 531.

*** D. Falconer's report of this case is No. 9. p. 4180. voce Feu.

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/1748/Mor3415095-097.html