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In a suspension betwixt Mr. John Stuart and the Commissary of Dunkeld, the Lords found the decree controverted in that suspension null, because it was given at the instance of an executor dative decerned, and bore not, “that he had licence granted to him to pursue that cause, whereupon he had recovered sentence;” which, title, without a licence, or confirmation of a testament, the Lords found not to be sufficient whereupon sentence could be given; and this was so found, albeit the party offered, cum processu, to produce and show where this executor dative had confirmed a testament, containing this same debt contained in that decree, which was not sustained to maintain the decree.
