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Scottish Court of Session Decisions >>
Kyle v Gray. [1675] Mor 370 (8 June 1675)
URL: http://www.bailii.org/scot/cases/ScotCS/1675/Mor0100370-010.html Cite as:
[1675] Mor 370
Advocation cannot be past of sums under 200 merks, for any reason of iniquity.
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This day the Lords found, That advocations for sums of money within 200 merks, could not be past upon any reason of iniquity.
Some of the Lords in the case foresaid were of opinion, That advocations should not pass, though the process had been for a sum above 200 merks; because litiscontestation had been made in the cause; and after litiscontestation here can be no iniquity but by a decreet, which ought to be suspended without advocation.
Castlehill, Reporter.
Fol. Dic. v. 1. p. 26. Dirleton, No 261. p. 126.
