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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Representatives of Commissary Mackenzie v Anna Liddel. [1741] 5 Brn 219 (26 February 1741)
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Cite as: [1741] 5 Brn 219
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[1741] 5 Brn 219
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.
Date: Representatives of Commissary Mackenzie
v.
Anna Liddel
26 February 1741 Click here to view a pdf copy of this documet : PDF Copy
Even a first adjudication will be allowed to pass, reserving defences contra executionem, where a signal prejudice would arise to the pursuer of the adjudication, by putting off the decerniture, till the defences, however relevant, should be determined.
For which reason, it was allowed in this case, where the granter of the bond was only an apparent heir of great age, not in the kingdom, and alleged to be dead, the proof whereof was reserved contra executionem.
Kilkerran, p. 8.
The electronic version of the text was provided by the Scottish Council of Law Reporting