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Scottish Court of Session Decisions


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URL: http://www.bailii.org/scot/cases/ScotCS/1610/Mor3113265-029.html

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[1610] Mor 13265      

Subject_1 QUOD AB INITIO VITIOSUM.
Subject_2 SECT. IV.

Making up Titles ex post facto.

Wardlaw
v.
Earl Marischal

Date: 16 June 1610
Case No. No 29.

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An execution for translation of a contract, thereby to obtain payment of the sum therein contained. That debt not being contained, nor confirmed in the testament, and so the summons being quarrelled, the same was sustained by a reply, that the said sum was eiked to the testament, after the raising of the summons.

Fol. Dic. v. 2. p. 303. Haddington, MS. No 1896.

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


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