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Scottish Court of Session Decisions >>
Earl of Kinghorne v Laird of Pittaro. [1670] 2 Brn 445 (20 January 1670)
URL: http://www.bailii.org/scot/cases/ScotCS/1670/Brn020445-0750.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Earl of Kinghorne v. Laird of Pittaro
Date: 20 January 1670
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The deceased Earl of Kinghorne having left a bond blank in the creditor's name, in the hands of Alexander Keith, who was the Earl's agent, containing the sum of 1000 merks; this bond lay in Alexander's hands a long time while he was in life, and being found amongst his papers long after his decease, his wife delivers it to the Laird of Pittaro, who fills up his own name therein, and gets decreet against this Earl of Kinghorne, on the passive titles. Which being suspended, and the way of the conveyance of it being referred to Pittaro his oath, he confessed the truth of the business, in manner above narrated. Whereon the Lords assoilyied from the decreet: though it was alleged that Alexander Keith was creditor to the Earl, and the Earl his debtor, in the like sum.
