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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: Doctor Ross
v.
Campbell
2 December 1629 Click here to view a pdf copy of this documet : PDF Copy
A decreet being given against a party charged to enter heir and not compearing, [he] intents reduction of the said decreet, offering to renounce to be heir. It was alleged, That he cannot now be suffered to renounce, seeing he was lawfully charged to enter heir, and suffered decreet to pass against him as heir. It was replied, That he may use the same reason now, in his reduction, which he might have used in prima instantia, in case he had compeared, viz. to renounce to be heir cum omni causa. The Lords found he might renounce yet, but ordained him to pay £50 of expenses for drawing his party to unnecessary charges.
Vide Restitution of Estates of Bishops, Ja. VI, Par. 18, cap. 2, 1608.
Page 205.
The electronic version of the text was provided by the Scottish Council of Law Reporting