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Thomas Mercer v Sir William Keith of Ludquhairn. [1694] 4 Brn 156 (16 February 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040156-0359.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Thomas Mercer v. Sir William Keith of Ludquhairn
Date: 16 February 1694
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The Lords found the dilatory defence, proponed against his title, that he had not used requisition forty days before the term, conform to the tenor of his wadset, was no acknowledgment of the passive titles; and that he might insist on that No process, and yet deny the passive titles: and that his summons, being only for payment, it could not sustain till first he used requisition; but, if it had borne a conclusion to transfer the contract of wadset against Ludquhairn passivè, then they would have granted decreet in these terms without requisition.
