Anent Decreets of Constitution. [1677] 3 Brn 127 (00 January 1677)

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[1677] 3 Brn 127

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL
Subject_2 YULE VACANCY.

Anent Decreets of Constitution

1677. January.
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It was questioned about this time, if I needed to have a previous decreet for constituting the debt against the heir, where I mind to lead an adjudication of his predecessor's lands, where the heir is already served and retoured, and has already acknowledged the debt. It was alleged, none of thir could be the ground of a summary charge against the heir, without a decreet. Yet the Lords leapt over this point of form, and sustained it as a sufficient ground of an adjudication, and ordained it to stand for a rule in all time coming.
Advocates' MS. No. 537, § 2, folio 273.

The electronic version of the text was provided by the Scottish Council of Law Reporting

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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Anent Decreets of Constitution. [1677] 3 Brn 127 (00 January 1677) URL: http://www.bailii.org/scot/cases/ScotCS/1677/Brn030127-0141.html