Publications of the Scottish History Society Ser.1, V.54
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. That when an action refers at one and the same time to a possessory and petitory question, both the one and the other should be ended bv a single decree. But although in the pronouncement of the decree possession shoukl have the prior place, yet in execution property ought to take precedence. ' Capitida — the term u;ed in the canon law even when, as in some of the 'chapters' reproduced here, only the essential passages are excerpted in a 1'1{()M PAPAL DECRETALS Book II. title xxii : Concernin...g the faith to he attachtil to deeds. Cliap. 9 : Deeds may be produced after pubHc attestation up to the conclusion of the cause : local custom makes a deed valid. , [a.d. 1206.] Pope Innocent in. to the Bishop of St. Andrews, the Abbot of Aberbrothoc, Thomas the prior, Ranulf the archdeacon, and Master [Laurence] the official of St. Andrews. . . . To the second question, however, we have held that the reply should be as follows : That both parties may produce a deed after the names of the witnesses are dis- closed, even down to the settlement of a final judgment, before a conclusion lias been come to in the cause.
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