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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Belshes of Tofts v The Tenants of Loudoun. [1686] 2 Brn 95 (00 March 1686) URL: http://www.bailii.org/scot/cases/ScotCS/1686/Brn020095-0246.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
Belshes of Tofts
v.
The Tenants of Loudoun
1686 .March .Click here to view a pdf copy of this documet : PDF Copy
In a process of mails and duties,—it being alleged, That the executions of the summons were null, for not bearing the particular diets when the defenders were severally cited, whereby the mean of improving the same was cut off; 2. The principal apprising is not produced as the title of the process, but only a transumpt thereof;—Answered for the pursuer, When many defenders are cited, especially tenants, 'tis usual for the execution to bear upon the 1st, 2d, 3d, 4th days, &c. without distinguishing which of the defenders were cited upon the 1st day, &.c. and this always sustained, unless improbation be proponed peremptoriè against the execution; and then the pursuer may condescend upon the particular day; 2. Transumpt is a [formal] sentence before the Lords of Session, and therefore a sufficient title to pursue. The Lords sustained process, and repelled both defences.
Page 260, No. 922.
The electronic version of the text was provided by the Scottish Council of Law Reporting