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Scottish Court of Session Decisions >>
Earl of Lauderdale v the Duchess of Lauderdale. [1696] Mor 12095 (28 February 1696)
URL: http://www.bailii.org/scot/cases/ScotCS/1696/Mor2812095-206.html Cite as:
[1696] Mor 12095
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John, now Earl of Lauderdale, and the other Creditors of the Duke of Lauderdale, give in a petition against the Duchess, craving the Lord Harcarse and Sir Andrew Foster, the only two instrumentary witnesses alive, who signed witnesses to the Duke of Lauderdale's disposition of the barony of Leidington, and others, to the Duchess, may be examined, to lie in retentis, if it was read to the Duke, and if he knew what was signing, and if he did not ask them after he had done, what-for a paper it was he had subscribed; and if he was not made believe, that it was only a conveyance of his estate in trust, for the behoof of his heirs. Answered for the Duchess, That the present Earl's father and brother had both ratified it; and though there was a reduction now raised, yet it was neither seen nor returned, and so it was great precipitation to examine witnesses. Yet the Lords, on the suspicion that practices had been used by the Duchess, for impetrating that disposition, granted the desire of the bill.
Fol. Dic. v. 2 p. 193. Fountainhall, v. 1. p. 716.
