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[1650] 1 Brn 460      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.

Kinnairde of Cowbine
v.
Dumbar of Grangehill

Date: 10 January 1650

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In the suspension raised by Kinnairde of Cowbine against a decreet of 500 merks obtained by Dumbar of Grangehill, before the commissary of Murray, confessed in umquhile Isobell Falconer his mother's testament testamentar;—the Lords did sustain the reason, which was, that the charger could not have that decreet by virtue of the testament, which he had reduced himself before the commissaries of Edinburgh, although the suspender had confirmed the same without protestation. But they ordained Cowbine's oath to be taken upon that sum, if he was owing it to his mother.

Page 148.

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/1650/Brn010460-1239.html