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Thomas Bruce v Janet Petty, and Cochrane, her Husband. [1680] Mor 3998 (7 February 1680)
URL: http://www.bailii.org/scot/cases/ScotCS/1680/Mor1003998-022.html Cite as:
[1680] Mor 3998
Subject_1 EXHIBITION AD DELIBERANDUM. Subject_2 SECT. II.
Who liable to Exhibit? - No interest to call for Writs where the Defunct was Denuded. - Ought to be no conclusion for Delivery, nor for Count and Reckoning.
Thomas Bruce v. Janet Petty, and Cochrane, her Husband
Date: 7 February 1680 Case No. No 22.
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An apparent heir pursues an exhibition ad deliberandum. The Lords sustain this defence against it, that the defunct had disponed the fee of the tenement irredeemably, and so the pursuer had no interest; though he alleged it was on death bed, the reduction whereof was reserved to him, and this defence was received postconclusum in causa.
