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[1681] 3 Brn 392      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL
Subject_2 SUMMER SESSION.

John Couper
v.
Janet Macgill

Date: 4 February 1681

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In John Couper's action against Janet Macgill; Newbyth found the executions of the charge to enter heir, and of the summons raised thereon, null, because they were executed before year and day was expired after her goodsire's death; and, though it was more than a year since her father's death, yet she being posthuma, and it not being a year since her birth, he found the annus deliberandi ran a tempore partus tantum, and not from her father's death.

Vol.. I. Page 128.

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/1681/Brn030392-0542.html