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Cite as: [1667] Mor 6873

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[1667] Mor 6873      

Subject_1 INDUCIÆ LEGALES.
Subject_2 SECT. III.

Annus Deliberandi.

Dewar
v.
Paterson

Date: 26 June 1667
Case No. No 31.

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In a transference of count and reckoning against an apparent heir, there was found no process, both the citation and day of compearance being within the annus deliberandi.

Though reductions, declarators and such like real actions require no charge to enter heir, they are not competent within the year of deliberation, because in these the heir cannot defend without behaving as heir.

Fol. Dic. v. 1. p. 467. Stair.

*** This case is No 7. p. 2171.

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/1667/Mor1706873-031.html