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Scottish Court of Session Decisions >>
William Paton, &c. Creditors of Elizabeth Stewart, Petitioners. [1692] 4 Brn 36 (28 December 1692)
URL: http://www.bailii.org/scot/cases/ScotCS/1692/Brn040036-0077.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
William Paton, &c Creditors of Elizabeth Stewart, Petitioners.
Date: 28 December 1692
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William Paton, and other creditors of Elizabeth Stewart, who was married to Mr. George Winram, resolving to bind the passive titles on him to pay her debt; and finding that Bailie Chartris had advanced far in a process against him for a debt of his said wife's, as representing her, and fearing it might be agreed and abstracted, therefore they craved the Lords would grant a warrant to the clerk not to give up the process till theirs came in.
The Lords thought as to the depositions of witnesses, and other instrumenta litis, this might be granted; but refused it as to principal writs, which could not be refused to parties, except where they were quarrelled as false.
