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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Wishart v Mair [1838] CS 16_1134 (9 June 1838)
URL: http://www.bailii.org/scot/cases/ScotCS/1838/016SS1134.html
Cite as: [1838] CS 16_1134

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SCOTTISH_Court_of_Session_Shaw

Page: 1134

016SS1134

Wishart

v.

Mair

No. 212

Court of Session

2d Division T

June 9 1838

Ld. Jeffrey.

Ann Wishart or Forrest and Husband,     Advocators.— Counsel:
Deas.
Cecil Mair or Clunie,     Respondent.— Counsel:
M'Neill— Jamieson.

Facts:

Question of evidence of propinquity arising in an advocation of a judgment of the Sheriff of Fife qua Commissary, finding the respondent to be nearest of kin to a deceased Andrew Marshall, and entitled to the office of executrix.

The Lord Ordinary, on a view of the evidence, repelled the reasons of advocation, but found no expenses due; to which interlocutor

The Court adhered, finding the advocators liable in the Inner House expenses.

Solicitors: Thos. Landalf, S.S.C.— Thos. Leburn, S.S.C.—Agents.

SS 16 SS 1134 1838


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