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URL: http://www.bailii.org/scot/cases/ScotCS/1709/Mor2812151-288.html
Cite as: [1709] Mor 12151

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[1709] Mor 12151      
Subject_1 PROCESS.
Subject_2 SECT. XII.

Judicial Steps, how far under the Power of Parties, to be retracted, altered, or amended.

Earl Lauderdale
 v.
Lord Yester

Date: 13 December 1709
Case No. No 288.

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A Defender having proponed peremptory defences, which would have subjected him to the passive titles, if libelled, but no passive title being libelled, save that of lawfully charged to enter heir, and yet no charge produced, which the proponing peremptors could not infer an acknowledgment of, since it never was; the Lords refused to allow the pursuer to amend his libel, by inserting the other passive titles, in order to conclude the defender as to these.

 Fol. Dic. v. 2. p. 198. Forbes.

*** This case is No 152. p. 12063.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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URL: http://www.bailii.org/scot/cases/ScotCS/1709/Mor2812151-288.html