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In an action at the instance of——, as executor dative, decerned ad omissa against ——, for payment of the omitted goods,—The Lords found no necessity that the principal executors confirmed should be summoned in this pursuit, they being summoned to the decerning of the pursuer executor ad omissa before the Commissaries.
Act. Gibson.Alt. Herriot.
Fol. Dic. v. 1. p. 133. Durie, p. 317.
