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Scottish Court of Session Decisions >>
Shearer v Stirling. [1610] Mor 3440 (30 January 1610)
URL: http://www.bailii.org/scot/cases/ScotCS/1610/Mor0803440-012.html Cite as:
[1610] Mor 3440
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A Declarator being sought of the escheat of a man in Stirling, as alleged having drowned himself;—it was excepted, That the defunct's escheat could not fall by that fact, because he drowned not himself wilfully; but having given a deadly stroke, with a durk, in Stirling, to a man, and, being pursued with drawn swords, by one Lairston, guid-brother to the hurt man, and the Laird of Craignageli, he was so hardly pursued by them, that he was forced, for safety of his life, to take the water of Forth; and so, drowning by accident, his escheat could not fall.
Fol. Dic. v. 1. p. 233. Haddington, MS. v. 2. No 1767.
