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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.
Date: The King and the Earl of Hume
v.
Cranston
11 June 1623 Click here to view a pdf copy of this documet : PDF Copy
Litiscontestation being made in the action of improbation pursued at the King's instance and the Earl of Hume's against Cranston of Moriston, an incident being raised, only at the Earl of Hume's instance, for proving of such points as, by the act of litiscontestation, were admitted to his probation; which incident was not also raised at the king's advocate's instance;—the Lords, notwithstanding thereof, sustained the incident, because the advocate concurred and declared that he insisted therein with the party.
Act. Hope and Belshes. Alt. Nicolson and Craig. Vid. 10th February 1624, E. Buckcleugh against Lord Yester, and the cases there. Page 64.
The electronic version of the text was provided by the Scottish Council of Law Reporting