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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Elphinston v Balfour. [1590] 1 Brn 125 (00 January 1590)
URL: http://www.bailii.org/scot/cases/ScotCS/1590/Brn010125-0254.html
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.
Elphinston
v.
Balfour
1590 .Click here to view a pdf copy of this documet : PDF Copy
David Balfour having used certain executions of a summons, which were civilly improven before the commissaries, Michael Elphinston obtained the gift of his escheat, and thereupon intented a special declarator. Alleged by David, That his goods could not fall under escheat, except he had been convicted criminally of falsehood. Yet the Lords found the contrary.
Page 165.
The electronic version of the text was provided by the Scottish Council of Law Reporting