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Fletcher of Benscho v Carnegy of Phineven. [1692] 4 Brn 11 (30 November 1692)
URL: http://www.bailii.org/scot/cases/ScotCS/1692/Brn040011-0022.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Fletcher of Benscho v. Carnegy of Phineven
Date: 30 November 1692
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Fletcher of Benscho against Carnegy of Phineven. The Lords found, where there was a conjunct probation granted, any of the parties might renounce farther probation, but could not make avisandum with his own probation, till he had circumduced the term against the other; and if he had a running diligence by caption against witnesses, that the term could not be circumduced against him, unless he had restricted himself to a set number of witnesses, and had examined that number, as was alleged in this cause.
