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John Williamson, and White, v James Auchinleck. [1695] 4 Brn 240 (11 January 1695)
URL: http://www.bailii.org/scot/cases/ScotCS/1695/Brn040240-0546.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
John Williamson, and White, v. James Auchinleck
Date: 11 January 1695
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Halcraig reported John Williamson, sheriff-clerk of Perth, and White, his assignee, against James Auchinleck, surgeon-apothecary in Edinburgh. The question was, If, from the presumptions insisted on, it was to be presumed that the first bond of 600 merks was included in the last bond of 800 merks, seeing the first bore a faculty to alter?
The Lords fixed on that conjecture, That she had made a distribution of her whole means by the last settlement, and, if that exhausted all, then it was to be supposed that she meant the last bond should include the first, they being gratuitous deeds; therefore, before answer, allowed John Williamson to prove her estate, and Auchinleck to prove any debts whereby to diminish it.
