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Euphame Elphingston v James Cleland. [1685] 3 Brn 565 (14 November 1685)
URL: http://www.bailii.org/scot/cases/ScotCS/1685/Brn030565-0851.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 14 November 1685
Euphame Elphingston v. James Cleland
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The debate between Euphame Elphingston in Gilmerton, and James Cleland, merchant in Edinburgh, is advised, how far he was in tuto to pay a sum contained in a bond to one Geddes and his children, which they were not to uplift without the consent of Alexander Hay. And it being alleged he was dead, and his consent with him, the Lords found his death needed no probation, being notour. And they having led probation, that one of the Geddeses was major, viz. a testificate of his baptism, out of the kirk-session's book, signed by the clerk, with the testimonies of some witnesses, that they knew him these twenty years:
The Lords found this probation not sufficient; but authorised one of his advocates at the bar to be his curator ad hoc particulare negotium, and to consent to his discharge; and assoilyied James Cleland from the penalty.
