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Scottish Court of Session Decisions >>
Earl Lauderdale v Lord Yester. [1709] Mor 12151 (13 December 1709)
URL: http://www.bailii.org/scot/cases/ScotCS/1709/Mor2812151-288.html Cite as:
[1709] Mor 12151
Judicial Steps, how far under the Power of Parties, to be retracted, altered, or amended.
Earl Lauderdale v. Lord Yester
Date: 13 December 1709 Case No. No 288.
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A Defender having proponed peremptory defences, which would have subjected him to the passive titles, if libelled, but no passive title being libelled, save that of lawfully charged to enter heir, and yet no charge produced, which the proponing peremptors could not infer an acknowledgment of, since it never was; the Lords refused to allow the pursuer to amend his libel, by inserting the other passive titles, in order to conclude the defender as to these.
