Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL
Subject_2 SUMMER SESSION.
Date: 12 November 1687

The Commissary of Dunkeld
v.
Sir Thomas Dalziel of Binns

Click here to view a pdf copy of this documet : PDF Copy

Sir Thomas Dalziel of Binns being charged to confirm his father, General Dalziel's testament, by the Commissary of Dunkeld, within whose diocese Binns lies, and where his domicile was when he died, though he deceased in Edinburgh:—the competition arose between Bruce the former Bishop of Dunkeld, and his Commissary, (in whose time he died, but Sir Thomas was not charged to confirm before his deprivation,) and Hamilton the present Bishop of Dunkeld, and Mr George Pitcairn his Commissary, admitted upon the death of the former. See Stair, 6th July 1676, Wisheart.

Sir Thomas Alleged, against them all, absolvitor; because the General had disponed all in his lifetime, and instruments of possession were taken thereon; and so there were no conformable goods. Answered,—He had money lying in James Hay the writer's hands. Replied,—It was the price of lands bought before his death; and so it was not his money.

Vol. I. Page 478.