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Brown v The Lady Girvanmayns. [1693] 4 Brn 112 (29 December 1693)
URL: http://www.bailii.org/scot/cases/ScotCS/1693/Brn040112-0259.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Brown v. The Lady Girvanmayns
Date: 29 December 1693
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Lord Whitelaw, probationer, reported Brown against the Lady Girvanmayns, about the nullities of a horning, whereon a declarator was craved by him, as donatar to the escheat.
The Lords laid most weight on this, That the extract produced out of the register, bore but one witness to the denunciation; whereas the principal horning, marked, registered, and produced, had two witnesses; and which of the two was to be most credited. In the parallel case of a seasine, the extract is probative by the Act of Parliament 1686. But here the Lords, before answer, ordained the Sheriff of Ayr to inspect the register there, and report how it stood recorded in the books.
