Shawns v Walker

Civil procedure – Res judicata. Sheriff Court: In an action in which the pursuer sought a decree ordaining the defender to implement his obligations under a minute of agreement by disponing a one half share of a farm to her, the court held that the action was not excluded by the fact that two family actions in the Court of Session, involving the same parties and which referred to the same minute of agreement, had resulted in a decree of absolvitor being granted in the present defender's favour: the subject matter of the two actions was not the same and neither were the media concludendi and it followed that the defender's plea of res judicata must be repelled.

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