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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Philp of Almerycloss v Ogilvy of Innerquharity. [1692] Mor 12192 (29 December 1692)
URL: http://www.bailii.org/scot/cases/ScotCS/1692/Mor2912192-339.html
Cite as: [1692] Mor 12192

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[1692] Mor 12192      
Subject_1 PROCESS.
Subject_2 SECT. XVIII.

Decress in Absence.

Philp of Almerycloss
 v.
Ogilvy of Innerquharity

Date: 29 December 1692
Case No. No 339.

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The Lords were divided on this question, if it was to be reputed a decreet in foro where a pary appeared, and produced an interest, as a ground of competition on the subject in controversy, but afterwards was absent, and proponed nothing upon his inserest; so that compearing in this manner, and finding his right posterior, he might withdraw, and then vex men with new processes; but the plurality found it a decreet in foro. Yet it could not be accounted a decreet in foro contradictorio, no defence being proponed, as the act of regulation 1672 requires.

 Fol. Dic. v. 2. p. 205. Fountainhall, v. 1. p. 540.

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/1692/Mor2912192-339.html