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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Lord Inchaffray v Oliphant. [1607] Mor 5702 (4 March 1607)
URL: http://www.bailii.org/scot/cases/ScotCS/1607/Mor1405702-084.html
Cite as: [1607] Mor 5702

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[1607] Mor 5702      
Subject_1 HOMOLOGATION.
Subject_2 SECT. VIII.

Homologation of part, whether Homologation of the whole.

Lord Inchaffray
 v.
Oliphant

Date: 4 March 1607
Case No. No 84.

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A decree arbitral being partly ultra vires, this nullity will not invalidate the decree so far as intra vires, nor will the parties obtempering the decree, so far as effectual, be understood a homologation of that part which is null.

 Fol. Dic. v. 1. p. 382. Haddington, MS.

*** See this case, No 1. p. 5063.

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/1607/Mor1405702-084.html