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URL: http://www.bailii.org/scot/cases/ScotCS/1693/Brn040094-0217.html

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[1693] 4 Brn 94      

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

Lockerbie's Creditors
v.
Lady Lockerbie

Date: 22 November 1693

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Upon a bill given in by Hill and Johnston, and other creditors of Lockerbie, against the Lady, bearing, that she had taken decreets before inferior courts against the tenants, and was threatening to distress them, albeit the competition and ranking was depending before the Lords; whereas, lite pendente nihil est innovandum, and craving that they might be recalled, and execution sisted thereon:—

The Lords thought it unwarrantable, yet would not grant any such general order; but thought it was more formal, that, if they were yet depending processes, bills of advocation might be given in thereon; and, if decreets were passed, that suspension might be expede thereof without caution or consignation.

Vol. I. Page 570.

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/1693/Brn040094-0217.html