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Scottish Court of Session Decisions >>
Gavin Home v Alschie Home. [1605] Mor 11591 (27 June 1605)
URL: http://www.bailii.org/scot/cases/ScotCS/1605/Mor2711591-252.html Cite as:
[1605] Mor 11591
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In the declarator of the escheat of David Home of Blackadder, betwixt Gavin Home and Alschie Home; it being objected, That Alschie's gift was null, as simulate, purchased to the behoof of the rebel by the donatar, a conjunct person, viz. his goodsir, dwelling in household with the rebel, who was yet unrelaxed, the Lords repelled the allegeance, unless the said Gavin would offer him to prove the simulation, and taking of the gift to the rebel's behoof with his own gear and upon his expenses, either by writ or oath of party; and found not the conjunction and remaining in house sufficient, without the foresaid probation.
