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Scottish Court of Session Decisions >>
Smith or Baird v Auldcorn and Carnegie. [1680] 3 Brn 364 (2 July 1680)
URL: http://www.bailii.org/scot/cases/ScotCS/1680/Brn030364-0483.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Smith or Baird v. Auldcorn and Carnegie
Date: 2 July 1680
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In a case betwixt Smith, wife to Mr Thomas Baird, advocate, against Auldcorn and Carnegie, the Lords found a behaviour as heir purged by this defence, That he had a probable cause of ignorance and mistake by his mother's contract of marriage, the lands being provided to the heirs or bairns of the marriage, upon which he apprehended he had a title as creditor; therefore the Lords allowed him yet to renounce, though he had immixed upon the mistake foresaid, he making all forthcoming; and if he did not purge and restore, then found him liable for the debt.
