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[1683] 3 Brn 460      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL
Subject_2 SUMMER SESSION.
Date: 9 March 1683

Charles Farquharson
v.
Farquharson of Inverey, his Brother


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In this case Pitmedden refused to admit creditors to compear for their interest, to compete and propone defences, or stop the pursuer in his action upon the passive titles for constituting the debt, or in his adjudication; but reserved these to the action for maills and duties: but where it was simply declaratory for constitution of the debt, or upon the warrandice of the father's disposition, he would not admit their interest hoc loco.

Vol. I. Page 224.

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/1683/Brn030460-0692.html