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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Dr Ross v The Heirs of William Campbel of Greenockmains. [1627] 1 Brn 148 (22 December 1627)
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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.
Date: Dr Ross
v.
The Heirs of William Campbel of Greenockmains
22 December 1627 Click here to view a pdf copy of this documet : PDF Copy
Dr Ross, as heir served to his brother Thomas, having obtained decreet of registration, against the three heirs-female of William Campbel of Greenockmains, as being lawfully charged to enter heir to their father, of a contract between the said Thomas Ross, on the one part, and George Campbel as principal, and William their father as cautioner for George;—upon this decreet the pursuer having charged them to fulfil the said contract, they suspended upon this reason, that the decreet of registration was gotten against them for null defence, and only upon a charge to enter heir, and they were content, re integra, to renounce; likeas they had intented reduction upon the same reason. The Lords found the reason relevant, and took it in by way of suspension, notwithstanding of the opponing of the decreet given against them, being majors.
Page 299.
The electronic version of the text was provided by the Scottish Council of Law Reporting