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Scottish Court of Session Decisions >>
M'Lelland v Vassals of Monkland. [1627] Mor 12132 (18 July 1627)
URL: http://www.bailii.org/scot/cases/ScotCS/1627/Mor2812132-250.html
Judicial Steps, how far under the Power of Parties, to be retracted, altered, or amended.
M'Lelland v. Vassals of Monkland
Date: 18 July 1627 Case No. No 250.
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In an action for astricted multures, the defender alleged, That the pursuer cannot have process upon this summons, because, in another summons for astricted multures of other years, defences were produced, and litiscontestation was made, and until that process be first discussed, he cannot insist by another summons. The Lords permit the pursuer to pass from the said first process and act of litiscontestation, and ordain the defenders to propone all their defences in this pursuit which they proponed in the first.
