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Scottish Court of Session Decisions >>
Kennedy v M'Dougall. [1628] Mor 2699 (25 January 1628)
URL: http://www.bailii.org/scot/cases/ScotCS/1628/Mor0702699-005.html Cite as:
[1628] Mor 2699
A decree against a minor, as lawfully charged to enter heir, being suspended upon production of a renunciation, the Lords found that this renunciation might yet be received by way of suspension without necessity of a reduction.
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In a suspension betwixt Kennedy and M'Dougall, Kennedy being decerned, as lawfully charged to enter heir to her father, to pay a debt of her father's, which decreet was given against her, she compearing and offering to renounce to be heir; and a term being divers times assigned to her compearing to produce the said renunciation, and failing to do the same, she was decerned as lawfully charged in foro contradictorio, as said is. This decreet was suspended, upon production of a renunciation to be heir, which renunciation the Lords found might be received by way of suspension, notwithstanding of the foresaid decreet given against her compearing, as said is, without any other process for reducing of that decreet, seeing the suspender was then, at the giving of the sentence, and yet was, at the time of reasoning of the suspension, still minor.
Act. Nicolson.Alt. Primerose.Clerk, Scot.
Fol. Dic. v. 1. p. 169. Durie, p. 331.
