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Scottish Court of Session Decisions >>
Home v E. Home. [1665] Mor 6686 (16 December 1665)
URL: http://www.bailii.org/scot/cases/ScotCS/1665/Mor1606686-106.html Cite as:
[1665] Mor 6686
Who must satisfy Production. - What terms allowed for Production. What incumbent on the Defender. - What his Privileges.
Home v. E Home.
Date: 16 December 1665 Case No. No 106.
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Mr Robert Home having pursued a transferring of an old process against the Earl of Home, for establishing a debt against him as heir served and retoured to Dame Anna Home his mother, and the Earl having raised an improbation of the said old process and grounds thereof, and particularly of that retour which he quarreiled as false and forged; the Lords found, that, Mr Robert Home, defender in the improbation, ought to produce the said retour, albeit he alleged that it was the Earl's evident, and that he ought not to produce the same, nor the grounds thereof.
