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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Reid v Lochoir. [1629] 1 Brn 284 (26 February 1629)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: Reid
v.
Lochoir
26 February 1629 Click here to view a pdf copy of this documet : PDF Copy
A dative taken, by a creditor, of a debt owing to the defunct, pursues the debtor upon his confirmed testament dative. It is alleged, The testament dative cannot furnish the pursuer's action, unless he instruct, in initio litis, something to qualify that the defenders were debtors to the defunct. It was answered, That this shall be proven cum processu; and that the dative was sufficient title to pursue. The Lords found, That the pursuer should instruct the debt in initio litis.
Page 49.
The electronic version of the text was provided by the Scottish Council of Law Reporting