Scottish Court of Session Decisions
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URL: http://www.bailii.org/scot/cases/ScotCS/1746/Brn050744-0917.html
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Poor - v - . [1746] 5 Brn 744 (00 July 1746) URL: http://www.bailii.org/scot/cases/ScotCS/1746/Brn050744-0917.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, collected by JAMES BURNETT, LORD MONBODDO.
Subject_2 MONBODDO.
Poor -
v.
-
1746 .July .Click here to view a pdf copy of this documet : PDF Copy
An action of damages and oppression not competent against the heir, if an act was not extracted against the predecessor, though the cause had been pleaded before the Ordinary, and though the action was rei persecutoria. The reason given by Lord Elchies for the decision was, that, till litiscontestation, or an Act extracted, the heir could not know upon what the predecessor put his defence. The Lords were unanimous in this. Actor, Rob. Dundass.
The electronic version of the text was provided by the Scottish Council of Law Reporting