You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Halyday v - . [1621] Mor 3871 (14 December 1621)
URL: http://www.bailii.org/scot/cases/ScotCS/1621/Mor0903871-059.html Cite as:
[1621] Mor 3871
The appretiation in the confirmed testament may be corrected by a confirmation ad male appretiata, or by proof of higher value. - License to pursue.
Halyday v. -
Date: 14 December 1621 Case No. No 59.
Click here to view a pdf copy of this documet : PDF Copy
In an action pursued by Halyday against ———, for payment of certain sums, and goods pertaining to the defunct, unto the pursuer, as the executor-dative decerned ad omissa, and having license to pursue therefor, the Lords found, that there ought to be a testament of the omitted goods acclaimed first confirmed before the pursuit could be sustained; and would not find process upon the license to pursue an action for goods omitted out of the principal confirmed testament, albeit they sustained pursuits at the instance of the executors decerned in principal testaments, upon license to pursue before confirmation of the principal testament.
Act. Belshes.Alt. Henderson.Clerk, Gibson.
Durie, p. 7.
