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[1679] 2 Brn 250      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JAMES DALRYMPLE OF STAIR.

Chirnside
v.
His Tenants

Date: 2 December 1679

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Chirnside pursues his tenants to remove; who alleged Absolvitor; because the warning is anterior to the pursuer's infeftment, being a singular successor, and the execution does not bear a warning at the kirk door in time of divine service; and whereas the pursuer produces now a new execution, it cannot be received, as being most suspected of forgery.

Yet the Lords suffered the pursuers to mend the warning, they biding by the same to be true; and sustained the same, unless the defenders would improve it.

Vol. II, Page 713.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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