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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mary Burn and Husband v Ogilvies. [1753] 1 Elchies 366 (2 January 1753) URL: http://www.bailii.org/scot/cases/ScotCS/1753/Elchies010366-011.html Cite as: [1753] 1 Elchies 366 |
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[1753] 1 Elchies 366
Subject_1 PROOF.
Mary Burn and Husband
v.
Ogilvies
1753 ,Jan. 2 .
Case No.No. 11.
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A confirmation in the Commissary Court was found no sufficient evidence of the death of persons said to have died, one in the East Indies, and the other in the West Indies, because no proof is required in these Courts as there is in all services, at least of habit and repute; but any person is confirmed periculo petentis; and therefore we adhered to Kilkerran's interlocutor finding that the pursuer must bring further proof of their death.
The electronic version of the text was provided by the Scottish Council of Law Reporting