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Irvine of Inchery, and Oliphant, his tutor, v Spence and Weymes. [1693] 4 Brn 70 (14 February 1693)
URL: http://www.bailii.org/scot/cases/ScotCS/1693/Brn040070-0165.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Irvine of Inchery, and Oliphant, his tutor, v. Spence and Weymes
Date: 14 February 1693
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The Lords found, seeing the tutor died during the count and reckoning, that they would not suffer his heir to be cited incidenter, but that they behoved to raise a formal process of transferring against him. It were good the Lords fixed this variation, for at other times they allow parties to be heard incidenter.
