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Scottish Court of Session Decisions >>
Sir William Cunningham of Caprinton v Sinclair of May. [1693] 4 Brn 88 (10 November 1693)
URL: http://www.bailii.org/scot/cases/ScotCS/1693/Brn040088-0208.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Sir William Cunningham of Caprinton v. Sinclair of May
Date: 10 November 1693
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On a bill given in by Sir William Cunningham of Caprinton, and other creditors of Sinclair of May, bearing, That he retarded the roup of his estate, by hindering his tenants to depone for constituting the rental, and therefore offering to refer it to his own oath,—the Lords, for preventing all collusion in making a false rental either too high or too low, first caused intimate it to the creditors; and, if none objected, they inclined to take his oath thereanent; and, if he declined, then to hold him as confessed on the rental given in; or to give the creditors a new commission to prove, in their option.
