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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> #name [1627] 1 Brn 141 (6 March 1627)
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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:6 March 1627 Click here to view a pdf copy of this documet : PDF Copy
When one is seeking to be decerned ad omissa, there is a necessity for producing the principal confirmed testament; that it may be known whether the goods alleged omitted, were confirmed or not before. But, after one is decerned executor dative ad omissa, and is pursuing for the gear omitted, he needeth not produce any more but the dative to instruct his summons, unless the defender will allege peremptorily that the same goods were confirmed in the principal testament.
Page 113.
The electronic version of the text was provided by the Scottish Council of Law Reporting