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COGNITIONIS CAUSA

Volume 3 · 69 words · 1778 Edition

in Scots law. When a creditor charges the heir of his debtor to enter, in order to constitute the debt against him, and the heir renounces the succession, the creditor can obtain no decree of constitution of that debt against the heir; but only a decree subjecting the hereditas jacens, or the estate which belonged to the debtor, to his diligence: and this is called a decree cognitionis causa.