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[1628] 1 Brn 259      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.

The Laird of Pilrig Monipennie
v.
Symon Ramsay

Date: 27 June 1628

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The Laird of Pilrig Monipennie pursues improbation of an inhibition served against him at the instance of Mr Symon Ramsay, by reason the execution bore that the Laird was inhibit at his dwelling-house at Pilrig; and he offered him to prove, that his wife and family was removed out of Pilrig three months before; and that, fifteen days before that execution, he had wadset the lands of Pilrig to Mr James Raith, who had then received possession, and bruiked the same while the redemption. The defender alleged, That, in fortification of his execution, he offered him to prove, that he dwelt there forty days immediately preceding execution. The Lords preferred the defender to the probation, lest, by their means, inhibition should be prejudged.

Page 94.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1628/Brn010259-0635.html