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Cite as: [1700] Mor 16506

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[1700] Mor 16506      
Subject_1 VIS ET METUS.

Dundas
 v.
Hardie

 Date: 18 July 1700
Case No. No. 25.

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A Sheriff-depute having fined an heritor for divers absences from head courts, and having summarily poinded the tenants for the amerciament, the Lords thought that this procedure was precipitant, being without a previous decree of poinding; and without deciding whether these unlaws were debita fundi, they found the poinding illegal, and the bond granted to stop it null, and reponed the master and tenants to their defences.

 Fountainhall.

*** This case is No. 16. p. 6860. voce Induciæ Legales.

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/1700/Mor3716506-025.html