BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Captain Donaldson v James Cunningham. [1694] 4 Brn 136 (2 February 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040136-0312.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Captain Donaldson v. James Cunningham
Date: 2 February 1694
Click here to view a pdf copy of this documet : PDF Copy
Arniston reported Captain Donaldson against James Cunningham. The question was, Whether the defender was bound to produce the disposition of some moveables, made to him by his father, mentioned in his oath; for, being pursued on the passive titles, referred to his oath, he had deponed, he meddled with none of his father's goods, save some contained in a disposition made to him in his father's lifetime, and which he had also then disposed upon, and which disposition bore no burden of his debts.
The Lords found, seeing they had examined him upon all, and that he confessed no intromission subsequent to his father's death, they would not now oblige him to produce the said disposition; though, in the process before the Sheriff, they had, by their interlocutor, appointed him to do it.
