Scottish Court of Session Decisions

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.

Barbara Blacader
v.
Nathanael Edward

Date: 18 June 1628

Click here to view a pdf copy of this documet : PDF Copy

A summons libelled by Barbara Blacader against Mr Nathanael Edward, bearing that where she had a chain of gold with a tablet at it, of such a weight, and a gold ring with a sapphire, which things she wore as her own upon her body for the space of five years; true it was that the defender did intromit therewith, 1613, and yet had the same, at least had fraudulently put them away; wherefore she craved them to be restored to her. This libel was quarrelled; because it bore not that these jewels pertained to her, but only that she had worn them as her own for five years; next, the five years were not condescended on, that they were immediately preceding his intromission, 1613. The Lords sustained the libel; her wearing to be proven by witnesses, and his intromission by writ or oath of party.

Page 319.