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Scottish National Dictionary (1700–)

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First published 1965 (SND Vol. VI).
This entry has not been updated since then but may contain minor corrections and revisions.

MORTANCESTRY, n. Sc. Law: in phr. brieve of mortancestry, a warrant from Chancery authorising an inquiry by a jury into the title under which the possessors of a property hold it, when challenged in their possession by the heir to that property.Sc. 1722 W. Forbes Institutes II. iv. 186:
Retoured brieves are those which are executed, without citing particular Parties, at the Market-cross of the head Burgh of the Jurisdiction, upon Fifteen Days warning, thence called Brieves not pleadable. Such are Brieves of Mortancestry for serving Heirs.
Sc. 1747 Scots Mag. (Aug.) 366:
In order to ascertain the quantum of such non-entry duty, That from and after the said 25th of March, in all services upon the brief of mortancestry of any heir in such lands, the retour, over and above the setting forth the old and new extent, shall further set forth their valuation as aforesaid.
Sc. 1773 Erskine Institute iii. viii. § 62:
Though the brief of inquest sometimes gets the name of the brief of mortancestry, . . . these two were originally distinct. By the brief of inquest one is served or declared heir to his ancestor; and though it may meet with opposition where there are different competitors for the succession, it generally passes of course, and always without the citation of any special defender. But a brief of mortancestry was purchased by the undoubted heir, even though he had been already served, against the superior of the lands, or against others who had been seised in them upon a title preferable to that of the heir.

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"Mortancestry n.". Dictionary of the Scots Language. 2004. Scottish Language Dictionaries Ltd. Accessed 29 Mar 2024 <http://www.dsl.ac.uk/entry/snd/mortancestry>

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