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Scottish Court of Session Decisions >>
Duke of Hamilton v Countess of Callendar. [1687] Mor 13257 (16 July 1687)
URL: http://www.bailii.org/scot/cases/ScotCS/1687/Mor3113257-011.html
Subject_1 QUOD AB INITIO VITIOSUM. Subject_2 SECT. II.
Citation cum Processu.
Duke of Hamilton v. Countess of Callendar
Date: 16 July 1687 Case No. No 11.
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In a reduction of a decreet of non-entry, on the ground that the heir of one was not called, who might have made defences, the superior offered to produce an execution cum processu; which was over-ruled, because the apparent heir ought to have been called, and he could not now be called cum processu, the process being ended by the extracted decree.
