Thomas Short, Optician in Edinburgh v. John Short [1779] UKHL 2_Paton_495a (19 March 1779)
Page: 495↓
(1779) 2 Paton 495a
CASES DECIDED IN THE HOUSE OF LORDS, ON APPEAL FROM THE COURTS OF SCOTLAND.
[M. 5615.]
No. 115.
v.
House of Lords,
Subject_Conquest.
For full report of this case, vide Morison, p. 5615.
A brother disponed heritable bonds to his immediate elder brother, his heirs and assignees. Both brothers died without issue. The eldest son of a brother elder than either, claimed it as conquest. Held, in the Court of Session, that he was to be preferred as heir of conquest to their younger brother, who claimed as heir of line.
Page: 496↓
On appeal to the House of Lords the appeal was dismissed, it appearing to the House that all the persons interested were not made parties to the said appeal.
Counsel: For Appellants,
David Græme,
Dav. Rae,
J. Anstruther.
For Respondents,
Al. Wedderburn,
John Munro.
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