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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mr William Kerr v Forsyth of Dykes. [1635] 1 Brn 355 (11 February 1635)
URL: http://www.bailii.org/scot/cases/ScotCS/1635/Brn010355-0944.html

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[1635] 1 Brn 355      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.

Mr William Kerr
v.
Forsyth of Dykes

Date: 11 February 1635

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Where a summons of improbation is only intented of a writ, containing no reduction or reasons of annulling the said writ, the Lords will not suffer the party, pursuer of the improbation, in case he succumb in the improbation, to object nullity against the said writ, taken to be improven; but suffered him to pass from the summons of improbation, and to libel a new summons upon the nullity.

Page 222.

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/1635/Brn010355-0944.html