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[1610] Mor 6614      

Subject_1 IMPROBATION.
Subject_2 SECT. I.

To Whom this action competent.

Ross
v.
Stewart

1610.
Case No. No 2.

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In an action of improbation pursued by James Ross against Robert Stewart macer, for production of certain assignations made to him of divers bonds, by the said James Ross's creditors, for the which the said Robert Stewart had comprised the said James Ross's lands, to hear and see the same proven, and consequently the comprising to fall; it was found that neither the said James Ross himself, nor no other person, whether his creditor, or having right from him to the lands comprised, might be heard to improve the said assignations; because it was alleged that the creditors, makers of the same, are content to ratify and approve the same judicially, or otherwise by their letters of ratification; which was found sufficient to exclude all persons from the improbation, notwithstanding it was reasoned that the parties bad interest to improve, in respect of the comprisings led thereupon.

Kerse, MS. fol. 204.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1610/Mor1606614-002.html