Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Sir William Douglass of Cavers v. Elliot of Stobs
Date: 4 January 1693
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Between Sir William Douglass of Cavers and Elliot of Stobs. The Lords found no process, upon an execution of a summons of declarator of nonentry, as vitiate in the date. Some were for annulling it in totum; but it was sustained only ab hoc tempore, for little informalities, and nullities cast such odious processes, when the party is made liable for the whole mails and duties from the citation; and the Lords remembered they had done the like in 1690, between my Lord Lauderdale and Wolmet, in a non-entry.
