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Scottish Court of Session Decisions >>
- Wallace of Wolmet and Hugh Wallace v William Dundas. [1684] 3 Brn 517 (11 November 1684)
URL: http://www.bailii.org/scot/cases/ScotCS/1684/Brn030517-0785.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
- Wallace of Wolmet and Hugh Wallace v. William Dundas
Date: 11 November 1684
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Wolmet, and his father Hugh Wallace, pursuing an improbation of an adjudication led by Mr William Dundas, and they having taken terms to produce it; when he comes to seek certification, it was alleged he could not; because, it being a decreet of Session, all he was bound to do, was to condescend on the date; likeas the pursuer knew that, for his own reduction libelled the date of it. Answered,—This was not competent now, after all the terms were run, but should have been proponed in initio before the taking a term to produce.
This being reported by Redford, the Lords found, even in hoc statu, it was proponable; and therefore ordained the pursuer to extract it himself, if he insisted. Who then alleged that he needed not, because he craved the grounds of the said adjudication with Mr William's authors' rights to be only produced; and they being reduced, he declared, he only insisted against Mr William Dundas's adjudication, that it might fall in consequentiam.
