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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.
Date: Lockard
v.
James Browne
2 January 1650 Click here to view a pdf copy of this documet : PDF Copy
In the action of reduction at Lockard his instance, super capite inhibitionis, for one poor 100 merks, against James Browne, cordiner, for reducing of his infeftment, flowing by progress from umquhile Edward Johnstoune; against whom decreet was obtained, jure mariti, and against his wife, the debtor principal; the same decreet having been suspended by the said Edward and his wife, and the letters found orderly proceeded;—the Lords would hear it in præsentia, as if it were coincident with that of Scot of Hartwoodmyres, and did concern all husbands called for their interest in any process: suppose it doth not, as I think; because, in this case, res transiit in rem judicatam, not only in the first decreet, but also in the decreet upon the suspension, where the said umquhile Edward was principal suspender.
Page 128.
The electronic version of the text was provided by the Scottish Council of Law Reporting