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Scottish Court of Session Decisions >>
Abercrombie of Fetternier's Lady and Robert Semple v Semple of Cathcart. [1684] 3 Brn 516 (00 January 1684)
URL: http://www.bailii.org/scot/cases/ScotCS/1684/Brn030516-0783.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Abercrombie of Fetternier's Lady and Robert Semple v. Semple of Cathcart
1684.
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November 4.—Abercrombie of Fetternier's Lady, as sister to the last Lord Semple, is served heir of line to him; as also Robert Semple, as heir-male, is, by their moyen, served heir-male by two services, one general, the other special; though Semple of Cathcart founded on a tailyie by the last Lord to him, failing heirs of his own body. Vide 7th November current.
Vol. I. Page 306.
November 7 and 8.—Fetternier and Robert Semple, mentioned 4th November, give in two petitions to the Lords: One craving that the rents of the estate of Semple may be sequestrated during the dependance against Cathcart. The 2d, That the writs and charter-chest of that estate may be secured or sequestrated, till it be found who has best right.
As to the 1st, The Lords appointed two-factors for uplifting the rents lying in two shires, they finding caution to make the same forthcoming to any who, ex eventu, shall prevail. But refused the 2d, anent securing the writs, in regard there was a process of exhibition of them raised and depending at Cathcart's instance.
