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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Carmichael v Laird of Kincraig. [1629] 1 Brn 377 (12 January 1629) URL: http://www.bailii.org/scot/cases/ScotCS/1629/Brn010377-1010.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Subject_2 The following CASE, and those in the preceding pages, marked as taken from 2d MS. are not found in the MS. followed by Mr Morison, while printing in his Dictionary the Cases from Auchinleck referred to in the Folio Dictionary by Lord Kames.
Date: Carmichael
v.
Laird of Kincraig
12 January 1629 Click here to view a pdf copy of this documet : PDF Copy
Mr Frederick Carmichael pursues the Laird of Kincraig, as lawfully charged to enter heir, to hear and see his goodsir's bond registered. The apparent heir produces a renunciation, subscribed by him and his tutor, which the pursuer is content to accept, that he might proceed to his adjudication. Compears some others of Kincraig's creditors, and, being admitted for their interests, alleged, That the renunciation could not be received, because the act of curatory was not produced; and that though Mr Frederick would be content to accept the same upon his own peril, that he might not do it to their prejudice, and thereby prevent them, who were con-creditors, by his prior diligence. The Lords repelled the allegeance.
2d MS. Page 2.
The electronic version of the text was provided by the Scottish Council of Law Reporting
