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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Nasmith v Ruthvens. [1628] Mor 11968 (23 February 1628)
URL: http://www.bailii.org/scot/cases/ScotCS/1628/Mor2811968-007.html

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[1628] Mor 11968      

Subject_1 PROCESS.
Subject_2 SECT. I.

Libel.

Nasmith
v.
Ruthvens

Date: 23 February 1628
Case No. No 7.

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Decreet being recovered against a party, and arrestment laid on thereupon in his debtor's hands, another decreet, at the instance of the pursuer's heir, transferring the title active in him, and, in the same sentence, decerning the party in whose hands the arrestment was used to make forthcoming, was found null, because they ought to have been done by two several pursuits, and two decreets; for if confusion of diets be a cause to annul proceedings of inferior judges, far more the confusion of sentences.

Fol. Dic. v. 2. p. 180. Durie.

*** This case is No 119. p. 5567. voce Heritable and Moveable.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1628/Mor2811968-007.html