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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> David Oswald v James Somervel. [1685] 2 Brn 69 (00 January 1685)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
David Oswald
v.
James Somervel
1685 .January .Click here to view a pdf copy of this documet : PDF Copy
Found that the defender in an improbation could not, after interlocutor upon a peremptory defence, propone that the summons of wakening, at the instance of the pursuer, was raised activè before the pursuer had a license. Vide No. 551, [Sir Patrick Hume against the Vassals of Coldinghame, 8th January 1685;] and No. 554, [Semple against Semple, 15th January 1685.]
Page 154, No. 555.
The electronic version of the text was provided by the Scottish Council of Law Reporting