If you found BAILII useful today, could you please make a contribution?
Your donation will help us maintain and extend our databases of legal information. No contribution is too small. If every visitor this month donates, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Subject_1 QUOD AB INITIO VITIOSUM. Subject_2 SECT. IV.
Making up Titles ex post facto.
Madam Gun v. Sinclair of South Dun
Date: 13 July 1678 Case No. No 55.
Click here to view a pdf copy of this documet : PDF Copy
The Lords sustained a pursuit, where the retour was dated after the summons, because an universal title; as they do with an executor producing a confirmed testament before extract; but if the pursuit be on a singular title, as an assignation, the Lords make a distinction of this from the other cases, and require the title to be before the summons, as was decided between Mr John Abercromby of Cliesh, and Anderson, 15th November 1666, No 48. p. 13277.