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Scottish Court of Session Decisions >>
Kobert Campbell v Lady Cardross and her Husband. [1679] 3 Brn 277 (25 January 1679)
URL: http://www.bailii.org/scot/cases/ScotCS/1679/Brn030277-0347.html Cite as:
[1679] 3 Brn 277
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Kobert Campbell v. Lady Cardross and her Husband
Date: 25 January 1679
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Robert Campbell, as standing infeft in 13 oxengates of land in Strabrock, from Mr Peter Oliphant, pursues a reduction, against Lady Cardross and her Husband, of their rights of the same. Alleged,—They would not take a day in the reduction to produce, because all parties having interest were not called, viz. her sister, who was married to Lord Kilmawers, and was the other heir-portioner. Answered, 1mo,—No necessity to call her, because offered to prove, by Lady Cardross's oath, her sister was denuded in her favours, and so her interest ceased; and she was the sole heir of tailyie to her brother Sir William. 2do, Offered to call her to the next diet of the process, if needful.
The Lords, upon report, found, that of necessity she behoved to be called.
