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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Archibald Martine v Alexander Stewart. [1632] 1 Brn 334 (16 January 1632) URL: http://www.bailii.org/scot/cases/ScotCS/1632/Brn010334-0887.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Archibald Martine
v.
Alexander Stewart
1632 .January 16 , andJune 18 .Click here to view a pdf copy of this documet : PDF Copy
Archibald Martine, as heir served and retoured to Katherin, his daughter, who died without heirs gotten of her body, pursues Alexander Stewart, spouse to the said Katherin, for a certain sum of money which was destined to pertain to the said Katherin her heirs. It was alleged, No process at the father's instance, as heir served and retoured to his daughter; because the said Katherin had a brother bairn living, who was nearest heir to the defunct. It was replied, That the exception ought to be repelled, in respect of the retour standing unreduced. The Lords found no necessity of reduction, seeing the verity of the exception was referred to the pursuer's oath.
Page 206
The electronic version of the text was provided by the Scottish Council of Law Reporting
