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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mitchel of Dalgain v The Earl of Dumfreis. [1674] 2 Brn 176 (11 February 1674)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JAMES DALRYMPLE OF STAIR.
Date: Mitchel of Dalgain
v.
The Earl of Dumfreis
11 February 1674 Click here to view a pdf copy of this documet : PDF Copy
Mitchel of Dalgain, having apprised the lands of Auchincross upon umquhile Auchincross his debt, and the Earl of Dumfreis having right to an apprising for the heir's debt in a competition betwixt them; it was alleged for Mitchel, That his apprising was to be preferred, by the late Act of Parliament preferring diligences upon the defunct's debt, to diligences done upon the heir's proper debt. It was answered, That the Act bears such diligences for the defunct's debts as are done within three years after his decease; as this apprising was not. It was replied, That there were not three anni utiles past after the defunct's death, before Mitchell's apprising; there being surcease of justice a great part of the time. The Lords found, That the Act could only extend to diligences done within three years after the defunct's death.
Vol. II, Page 265.
The electronic version of the text was provided by the Scottish Council of Law Reporting