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Cite as: [1702] Mor 6852

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[1702] Mor 6852      
Subject_1 INDUCIÆ LEGALES.
Subject_2 SECT. I.

Whether a summons upon the passive titles can be raised and executed during the running of the days of the charge to enter heir.

Biggar
 v.
Wallace

Date: 17 July 1702
Case No. No 3.

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The Lords sustained a general charge and summons thereon, though both were given on the same day and at the same time; because there were 21 days given for the first, and six for the second diet, after the out-running of the 40 days appointed for the general charge.

 Fol. Dic. v. 1. p. 465. Fountainhall.

*** This case is No 125. p. 3775, voce Execution.

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/1702/Mor1706852-003.html