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Scottish Court of Session Decisions >>
Lord Lovat v Lord M'Donald. [1670] 2 Brn 475 (25 June 1670)
URL: http://www.bailii.org/scot/cases/ScotCS/1670/Brn020475-0788.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Lord Lovat v. Lord M'Donald
Date: 25 June 1670
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This was an improbation in which it was found, 1mo, That a service without a retour instructs the party served to be heir passivè, but not activè, and so will not furnish an active title whereon to pursue. Vide Durie, 18th February, 1627, Simpson. 2do, A general service may be led before any judge in the kingdom at the party's option, though neither the defunct nor the heir lived within his jurisdiction.
