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Scottish Court of Session Decisions >>
Gordon v The Duke of Gordon. [1696] Mor 12201 (30 July 1696)
URL: http://www.bailii.org/scot/cases/ScotCS/1696/Mor2912201-349.html Cite as:
[1696] Mor 12201
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In the pursuit by David Gordon, son to Mr Thomas, the criminal clerk, against the Duke of Gordon, it was debated, if the Duke ought to be reponed against a decreet obtained against him when he was lately in France with King James; the nullity being, that he not only took forth the decreet for the principal sums in the bonds, but also for the annualrents to which he had no title then in his person by confirmation or otherways. It was argued among the Lords, That, conform to the article of the new regulations, it ought to be opened no farther than the nullity objected, and stand pro reliquo. But it was found that related only to decreets in foro, whereas this was in absence; so the Lords reponed the Duke to his whole defences.
Fol. Dic. v. 2. p. 206. Fountainhall, v. 2. p. 731.
