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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Madam Broomlay alias Fraser v Sir Peter Fraser. [1682] 3 Brn 428 (9 March 1682)
URL: http://www.bailii.org/scot/cases/ScotCS/1682/Brn030428-0627.html

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[1682] 3 Brn 428      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL
Subject_2 SUMMER SESSION.
Date: 9 March 1682

Madam Broomlay alias Fraser
v.
Sir Peter Fraser


Click here to view a pdf copy of this documet : PDF Copy

See the prior part of Fountainhall's Report of this case, and the Reports of Harcarse and Sir P. Home, in the Dictionary, page 4378, et seq. and page 4817.

Madam Broomlay against Sir Peter Fraser; (7th February 1682.) The Lords, on Newton's report, find him personally liable, unless he will renounce to be heir; though he be a minor only of sixteen years, and at the grammar schools: but in regard it is not yet fully year and day since his father died, they allow him any time within the year, to give in his renunciation.

Whereas he should not have been pursued till year and day was past. The specialty was:—he was infeft in fee by his father in his own lifetime, which he did not offer to renounce. See the contrary of this, both in Haddington and Dury, at the 25th June 1624, Somerville.

Vol. l. Page 177.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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