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Scottish Court of Session Decisions >>
Guthrie, Supplicant (contrary) [1665] Mor 212 (8 June 1665)
URL: http://www.bailii.org/scot/cases/ScotCS/1665/Mor0100212-009.html Cite as:
[1665] Mor 212
Subject_1 ADJUDICATION and APPRISING. Subject_2 NATURE and EFFECT of this DILIGENCE.
Date: 8 June 1665 Case No. No 9.
The contrary found.
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The Lords, upon supplication, ordained an apprising to be allowed; albeit not only the debtor, against whom it was deduced, was dead, but the threescore days were long since expired; and ordained the allowance to be registrate, in respect that the late act of Parliament, declares, that such apprisings as are not registrate within threescore days, shall not be preferred to posterior apprisings first registrate; so that the Lords thought, that where the allowance was registrate, albeit after the threescore days, it would be preferred to any other apprising registrate thereafter.
