Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.

Margaret Home, Donatar to John Home's Escheat,
v.
Mr Alexander Home and John Bonnar

1650. January 24and 25.

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In the action of count and reckoning at the instance of Margaret Home, donatar to umquhile John Home his escheat, against Mr Alexander Home and John Bonnar, it was excepted upon an absolvitor; this pursuit being inter easdem personas super eadem re et eodem modo agendi. It was not sustained, in respect that, in that first process, some things were craved, and, being referred to their oath, that process was abstracted, and alleged lost by the clerk, and a new summons doubled off the signet by the defenders; whereupon they offered to give their oath, and are noted thereupon to have given the same, as also the pursuer to have resiled. But this process is of count and reckoning even, resulting off the others, wherein the defenders were general.

Page 180.