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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Lady Ayton v The Heirs of Mr Alexander Home. [1629] 1 Brn 288 (26 March 1629)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: Lady Ayton
v.
The Heirs of Mr Alexander Home
26 March 1629 Click here to view a pdf copy of this documet : PDF Copy
An ordinary action, intented for exhibition of writs, cannot supply the place of an incident taken to prove an exception. But, if the said action of exhibition be used for diligence in termino probatorio, the Lords repel the same, and will circumduce the term, except, out of favour, they grant a day to the excipient to conclude his probation.
Page 52.
The electronic version of the text was provided by the Scottish Council of Law Reporting