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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.
Date: Stalker
v.
Nemo
8 July 1625 Click here to view a pdf copy of this documet : PDF Copy
In a double poinding, betwixt Stalker and Nemo, the Lords found a decreet cognitionis causa, recovered before the Lords for a debt owing by a defunct, wherein there was called certain defenders to represent the defunct as executors to him, at least universal intromittors,—to be null, because none of the defenders in that sentence compeared, neither to defend or to renounce; and there was no probation adduced to verify the defenders either executors or intromittors, neither were they charged to enter heirs. Therefore the decreet was found null.
Act. James King. Alt. Nicolson. Gibson, Clerk. Vid. 8th July 1623, Thomson against Edgar.
Page I76.
The electronic version of the text was provided by the Scottish Council of Law Reporting