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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Brown v Hume. [1675] Mor 5169 (18 February 1675)
URL: http://www.bailii.org/scot/cases/ScotCS/1675/Mor1305169-007.html
Cite as: [1675] Mor 5169

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[1675] Mor 5169      

Subject_1 GROUNDS and WARRANTS.
Subject_2 SECT. I.

Whether necessary to produce Grounds and Warrants after a long interval of time.

Brown
v.
Hume

Date: 18 February 1675
Case No. No 7.

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William Brown pursues reduction and improbation of a decreet of the Sheriff of Berwick, and the whole grounds and warrants thereof, and insists for certification contra non producta.

Wherein the Lords found, that the decreet being pronounced 20 years ago, the defender was not obliged to produce that part of the warrants of the decreet which useth to remain in the clerk's hands, viz. summons, executions, supplement, and executions thereof, and charge to enter heir, and therefore sustained only certification against the decreet, and bond which was the ground thereof.

Fol. Dic. v. 1. p. 353. Stair, v. 2. p. 324.

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/1675/Mor1305169-007.html