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Scottish Court of Session Decisions >>
Swan v Burnet Tutor of Leyes. [1669] Mor 5169 (19 February 1669)
URL: http://www.bailii.org/scot/cases/ScotCS/1669/Mor1305169-006.html Cite as:
[1669] Mor 5169
Subject_1 GROUNDS and WARRANTS. Subject_2 SECT. I.
Whether necessary to produce Grounds and Warrants after a long interval of time.
Swan v. Burnet Tutor of Leyes
Date: 19 February 1669 Case No. No 6.
Post longum tempus the executions of a comprising need not be produced in an improbation, they being repeated in the decreet. In this case almost 30 years had elapsed, before the improbation was raised.
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In an improbation pursued at the instance of James Swan against the said tutor, the Lords did refuse to grant certification for not production of the executions of a comprising led in anno 1641, in respect the several executions were repeated and set down in the decreet of apprising, bearing the messenger and witnesses' names and designations; notwithstanding, it was alleged, that the comprising was to the behoof of the heir, there never having been any thing done thereupon since the date thereof; but, before extracting, ordained the tutor to give his oath if he had the principal executions; and, if not, to declare what way the same were lost.
Fol. Dic. v. 1. p. 354. Gosford, MS. No 121. p. 45.
