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Cumming v Abercromby. [1742] Mor 4034 (12 July 1742)
URL: http://www.bailii.org/scot/cases/ScotCS/1742/Mor1004034-016.html Cite as:
[1742] Mor 4034
Expenses given in a tentative process of reduction and improbation, where the defender produced a clear right to the estate.
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A tentative process of reduction and improbation being brought against a gentleman in possession of an estate, who, in the course of the process, produced a clear progress from the 1663 downward, which, by the positive prescription, secured him against all challenge, the Court was of opinion, That such tentative processes, which give much vexation, ought not to be rashly commenced; and therefore, abstracting from all particular circumstances, they found expenses due to the defender.
Fol. Dic. v. 3. p. 198. Rem. Dec. v. 2. No 29 p. 46.
