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[1693] 4 Brn 95      

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

John Stamfield
v.
George Davidson

Date: 28 November 1693

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On a petition given in by John Stamfield against George Davidson, the Lords would not receive exceptions against his debt hoc ordine, to stop his adjudication, but reserved all defences contra executionem, when he should insist for the maills and duties; though it was alleged, that summary dispatch only held when they were like to be cut off from coming in within year and day; whereas here Davidson was long without the year already. But it was thought, seeing none of the adjudgers were yet infeft, he had an interest to desire his adjudication may be passed, because then he could give himself a preference, by expeding the first infeftment.

Vol. I. Page 572.

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/1693/Brn040095-0222.html