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Scottish Court of Session Decisions >>
Strowan v Marquis of Athole. [1682] Mor 13829 (00 March 1682)
URL: http://www.bailii.org/scot/cases/ScotCS/1682/Mor3213829-070.html Cite as:
[1682] Mor 13829
Warning, in what Cases necessary. - How to be executed.
Strowan v. Marquis of Athole
1682.
March. Case No. No 70.
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The pursuer of a reduction, containing a distinct conclusion of declarator, insisted in the declarator before the production was satisfied.
Alleged for the defender; That he having, been seven years in possession, the pursuer could not insist in the declarator.
The Lords found, That the declarator being petitory, it might be insisted in, although it could not disturb the defender's possession, till the event of the reduction, except by a process of removing or mails and duties following on the declarator, which some thought equivalent to a reduction.
