Scottish Court of Session Decisions

Subject_1 TENOR.

A
v.
B

Date: 21 November 1749
Case No. No. 59.

Writs not extinguishable by simple retiring.

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Where a writ is of that nature, as not to be extinguishable by simple retiring, no casus amissionis is necessary in a proving of the tenor; and where a casus amissionis is proved, no adminicles in writing are necessary.

So the Lords thought in the proving of the tenor of the tailzie of Balledgarno of this date.

Kilkerran, No. 3. p. 563.