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Lord Rosse of Auchlossan, and the Duke of Monmouth or Buccleuch, v the Earl of Tweddale. [1676] 3 Brn 72 (00 February 1676)
URL: http://www.bailii.org/scot/cases/ScotCS/1676/Brn030072-0083.html Cite as:
[1676] 3 Brn 72
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 WINTER SESSION. - Anni 1973.
Lord Rosse of Auchlossan, and the Duke of Monmouth or Buccleuch, v. the Earl of Tweddale
1676.
February.
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Besides thir decisions marked, there was in this Winter Session two famous actions.
One, a declarator at my Lord Rosse's instance, as donatar to Captain Rosse's ultimus hæres, in which Rosse of Auchlossan compeared, and offered to prove his contingency of blood to the said umquhile captain; and probation being led, a very pretty debate arose from the civil law, if fama of the country and designations per dulcissimam appellationem of a cousin, either in discourse or in writs, were probative of consanguinity; wherein the advocate compared Rosse's fortune to Nilus' head; we see the streams, but know not the fountain.
The other was by the Duke of Monmouth or Buccleuch against the Earl of Tweddale, as executor to the last Countess of Buccleuch, for relieving the heir of debts, and reducing a transaction between them, because done in the duchess her minority, to her lesion; and consisting of many other points. Vide infra, No. 545, (thir same parties, February 14, 1677.)
