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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> M'Culloch v Craig. [1665] Mor 70 (2 December 1665)
URL: http://www.bailii.org/scot/cases/ScotCS/1665/Mor0100070-010.html
Cite as: [1665] Mor 70

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[1665] Mor 70      

Subject_1 ADJUDICATION and APPRISING.
Subject_2 APPRISING.

M'Culloch
v.
Craig

Date: 2 December 1665
Case No. No 10.

A comprising found null, subscribed only by the clerk, and not by the messenger who was judge.


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In a pursuit, at the instance of Sir Hugh M'Culloch against Mr John Craig, as representing his father, Mr Robert Craig, by progress; which Mr Robert, was debtor by bond to Patrick Wood, and which bond was comprised; the right whereof, came in the person of the said Hugh M'Culloch; whereupon he pursued the said Mr John:—There being nothing produced, but a comprising, subscribed by James Allan, who was clerk to the comprising, and not by the messenger who was judge; the Lords would find no process thereon.

Fol. Dic. v. 1. p. 5. Newbyth MS. p. 42.

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/1665/Mor0100070-010.html