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Lord Meadowbank .—As Mr Monypenny had no patrimonial interest in this action, I was a good deal difficulted, looking to the case of Kyle; but I cannot on the whole come to a different conclusion from your Lordship. The party may have his remedy, in getting the issue with the interdictor first tried.
The Court accordingly found that Monypenny was not entitled, hoc statu, to be assoilzied; reserving all questions of expenses.
Lord Ordinary, Moncreiff. Act. Robertson, M'Neill. Alt. Dean of Fac. (Hope,) Sol.-Gen. (Ivory,) L. Colquhoun. Davidsons & Syme, W. S. and Walker & Melville, W. S. Agents. T. Clerk.
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Common Room
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