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Cite as: [1606] Mor 12070

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[1606] Mor 12070      
Subject_1 PROCESS.
Subject_2 SECT. VIII.

Incident Diligence.

Mackbrair
 v.
Carruthers

Date: 5 March 1606
Case No. No 161.

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In a reduction pursued by Robert Mackbrair of Almagill against John Carruthers, the Lords would not grant any incident to the defender for obtaining production of a factory whereupon he had founded his allegeance, because he protested not for his incident, when litiscontestation was made.

 Fol. Dic. v. 2. p. 189. Haddington, MS. No 1082.

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/1606/Mor2812070-161.html