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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mackculloch v Mackculloch. [1626] 1 Brn 136 (11 July 1626)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.
Date: Mackculloch
v.
Mackculloch
11 July 1626 Click here to view a pdf copy of this documet : PDF Copy
In a declarator of bastardy between Mackculloch and Mackculloch, the summons concluding likewise that the King and his donator should be declared to be ultimus hæres to the defender Mackculloch: Excepted, That there was an heir served to him. Replied, Not relevant, unless he had been retoured before his death also. The Lords found, that howbeit the service alone would give no action to a man to pursue by virtue thereof, yet, in this case, it might furnish an exception to the defender, while it were taken away prout de jure.
Page 29.
The electronic version of the text was provided by the Scottish Council of Law Reporting