Maxwell v Livingston. [1628] Mor 12013 (3 July 1628)

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[1628] Mor 12013

Subject_1 PROCESS.
Subject_2 SECT. II.
What Writs must be produced ad fundandam litem?

Maxwell
v.
Livingston

Date: 3 July 1628
Case No. No 70.

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It was found not competent to an heir pursuing for a debt of his predecessor's, to refer to the defender's oath, that he, the pursuer, was heir served and retoured; but it was found necessary for him to produce the retour.
Fol. Dic. v. 2. p. 180. Durie.
*** This case is No 8. p. 9392. voce Oath of Party.

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

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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Maxwell v Livingston. [1628] Mor 12013 (3 July 1628) URL: http://www.bailii.org/scot/cases/ScotCS/1628/Mor2812013-070.html