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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sinclair of Rattar v Sinclair of Ulbster. [1754] 1 Elchies 362 (1 February 1754)
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Cite as: [1754] 1 Elchies 362
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[1754] 1 Elchies 362
Subject_1 PROCESS.
Sinclair of Rattar
v.
Sinclair of Ulbster
1754 ,Feb. 1 .
Case No.No. 29.
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A proof of Rattar's propinquity to certain ancestors being allowed before answer, Woodhall marked that the proof was clear, but because it was before answer, sent it to the ordinary action roll. Rattar complained, because till it was advised, he could not enter to his lands, that being objected to bar him from quarrelling his superior Ulbster's splitting his superiority. Though the regulations 1695 make no exception of acts before answer, some of us thought that such proofs should not go to the summar-cause roll; however, in respect of the specialty of this case, we ordered it to be enrolled there.
The electronic version of the text was provided by the Scottish Council of Law Reporting