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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Raguell Bennet v Bennet [or Tennent.] [1631] 1 Brn 325 (14 March 1631)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: Raguell Bennet
v.
Bennet [or Tennent]
14 March 1631 Click here to view a pdf copy of this documet : PDF Copy
Raguell Bennet pursues Bennet as heir, at least successor and executrix to her father, who was tutor to the said Raguell, for intromission with his rents during the tutory. In this action she renounces to be heir, and he insists against her as executrix and successor. Litiscontestation is made in the cause; and, after probation, he passes from the other member libelled against her, as successor, and thereafter intents a new action against her as successor. It is excepted, He cannot pursue her again, hoc nomine, as successor, because, in the first action, litiscontestation being made, he succumbed in proving her successor; and so could never thereafter be heard to pursue her on this member. It was replied, That he passed from this member before decreet was pronounced, and so may pursue of new. The Lords sustained the exception.
Page 118.
The electronic version of the text was provided by the Scottish Council of Law Reporting