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Scottish Court of Session Decisions >>
Gordon of Seaton and Rolland of Disblair v Sir George Skeen, and Thomas Forbes of Robslaw. [1696] 4 Brn 333 (27 November 1696)
URL: http://www.bailii.org/scot/cases/ScotCS/1696/Brn040333-0711.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Gordon of Seaton and Rolland of Disblair v. Sir George Skeen, and Thomas Forbes of Robslaw
Date: 27 November 1696
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Crocerig reported Gordon of Seaton, and Rolland of Disblair, against Sir George Skeen, and Mr Thomas Forbes of Robslaw, in an action of mails and duties on a disposition. Robslaw repeated a reduction and declarator of trust, and insisted on sundry qualifications to enforce the same.
The Lords thought there was no reason, on the pretence of a declarator, to stop the action of mails and duties; and therefore decerned in that: and having advised the several articles of trust, though they seemed pregnant, yet, in regard the parties here were all alive, therefore they refused to take any trial or expiscation by witnesses, but only allowed them in this case to prove the trust scripto vel juramento.
