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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Jean Graham, and Johnston her Husband v Lockhart, relict of James Graham, vintner in Edinburgh. [1693] Mor 7555 (10 February 1693)
URL: http://www.bailii.org/scot/cases/ScotCS/1693/Mor1807555-275.html
Cite as: [1693] Mor 7555

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[1693] Mor 7555      

Subject_1 JURISDICTION.
Subject_2 DIVISION VIII.

Commissary Court.
Subject_3 SECT. II.

Extent of the Jurisdiction of Commissaries.

Jean Graham, and Johnston her Husband
v.
Lockhart, relict of James Graham, vintner in Edinburgh

Date: 10 February 1693
Case No. No 275.

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The Lords found apparent heirs might call for count-books, in exhibitions ad deliberandum, as well as other papers; and that the relict having paid debts, and by mistake taken discharges instead of assignations, she might pursue a cognition of these debts before the Commissaries of Edinburgh; and that the Lords never used to advocate such causes from them, as having a peculiar style not known in any other court; but if they committed iniquity, then the Lords could redress it in a suspension.

Fol. Dic. v. 1. p. 505. Fountainhall, v. 1. p. 558.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1693/Mor1807555-275.html