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URL: http://www.bailii.org/scot/cases/ScotCS/1666/Mor0602209-066.html
Cite as: [1666] Mor 2209

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[1666] Mor 2209      
Subject_1 CITATION.
Subject_2 SECT. XV.

Citation in Declarator of Escheat.

Masson
 v.
-

Date: 27 June 1666
Case No. No 66.

Declarator of escheat sustained, without calling all parties having interest at the market cross.

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Masson pursuing a declarator of escheat, it was answered, That all parties having interest were not cited at the market-cross, conform to the warrant of the letters.—It was answered, That was but stilus curiæ, long in desuetude, and it is enough that the rebel is cited, and none would be prejudged who were not cited; and any may compear that please for their interest.

The Lords repelled the defense, and forefault the amand given thereupon, as being contrary to the common custom.

 Fol. Dic. v. 1. p. 137. Stair, v. 1. p. 381.

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/1666/Mor0602209-066.html