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Scottish Court of Session Decisions >>
The Creditors of the Deceased William Hamilton of Orbiston, v James Hamilton of Dalziel. [1713] Mor 16734 (19 June 1713)
URL: http://www.bailii.org/scot/cases/ScotCS/1713/Mor3816734-150.html
The Creditors of the Deceased William Hamilton of Orbiston, v. James Hamilton of Dalziel
Date: 19 June 1713 Case No. No. 150.
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In a reduction ex capite lecti of a disposition made by the deceased William Hamilton of Orbiston to James Hamilton of Dalziel, pursued against him by the granter's creditors; the Lords, upon report of the Lord Royston, refused to admit the defender's uncle as a witness for him to prove that Orbiston was in liege poustie when he granted the disposition, albeit he was an instrumentary witness therein, because the instrumentary witnesses were chosen of consent only for instructing the verity of the deed; and the pursuer did not quarrel that, but only its being granted on death-bed, which allegeance of death-bed ought to be redargued by unexceptionable witnesses.
