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A decree in a process, finding upon probation, a man heir to his father passive, as having intromited with the heirship goods, was found no probation of that passive title in a new process at another party's instance; the defender alleging in this new process, that his father ways such a person as could not have an heir; which allegeance was omitted to be proponed in the first.
Fol. Dic. v. 2. p. 347. Durie.
*** This case is No 58. p. 9709., voce Passive Title.
