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Scottish Court of Session Decisions >>
Madam Gun v Sinclair of South Dun. [1678] Mor 13283 (13 July 1678)
URL: http://www.bailii.org/scot/cases/ScotCS/1678/Mor3113283-055.html Cite as:
[1678] Mor 13283
Subject_1 QUOD AB INITIO VITIOSUM. Subject_2 SECT. IV.
Making up Titles ex post facto.
Madam Gun v. Sinclair of South Dun
Date: 13 July 1678 Case No. No 55.
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The Lords sustained a pursuit, where the retour was dated after the summons, because an universal title; as they do with an executor producing a confirmed testament before extract; but if the pursuit be on a singular title, as an assignation, the Lords make a distinction of this from the other cases, and require the title to be before the summons, as was decided between Mr John Abercromby of Cliesh, and Anderson, 15th November 1666, No 48. p. 13277.
