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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
the Laird of Craigivar
v.
James Scot
1681 .December .Click here to view a pdf copy of this documet : PDF Copy
The defender, in a process of spuilyie, dying before litiscontestation, and decreet being extracted without any such objection made by his procurators, and his lands apprised thereon,—the Lords reduced the apprising as simply null, at the instance of another of the defunct's creditors, who had used posterior real diligence; and would not sustain it as a security for the sum that should be instructed to be due, otherwise than by not denying the libel.
Page 173, No. 629.
The electronic version of the text was provided by the Scottish Council of Law Reporting