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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Major Maitland v Miss Maitlands. [1757] 5 Brn 860 (30 November 1757)
URL: http://www.bailii.org/scot/cases/ScotCS/1757/Brn050860-1055.html

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[1757] 5 Brn 860      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. Collected By James Burnett,Lord Monoboddo .
Subject_2 COMPLAINT FROM STIRLINGSHIRE.

Major Maitland
v.
Miss Maitlands

Date: 30 November 1757

Click here to view a pdf copy of this documet : PDF Copy

[Fac. Coll. II, No. 63.]

In this case the Lords found, that a man, who was called to a tailyied succession as heir-male of the last heir, might serve himself heir-male to such last heir in the lands ; and by such service he would not be liable universally as an heir-male, but only liable as an heir of tailyie, although he was not served heir-male of tailyie, but simply heir-male, and although in his retour none of the limitations of the entail were inserted, nor all the substitutions, but only such as were necessary to connect his title to the lands.

This carried only by the President's casting vote; dissent. Prestongrange, Kilkerran, Milton, Bankton.

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/1757/Brn050860-1055.html