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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Hugh Ashton v William Stuart and Others. [1628] 1 Brn 160 (20 November 1628)
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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: Hugh Ashton
v.
William Stuart and Others
20 November 1628 Click here to view a pdf copy of this documet : PDF Copy
Hugh Ashton, having obtained the gift of William Stuart's escheat, pursued a declarator thereof. Compeared one of the rebel's creditors, and Alleged, No process upon the gift; because it made no mention of the particular horning whereupon it was granted, conform to the common style of all gifts. Replied, to excuse this piece of informality, That the gift was drawn up at court by the secretary, who understood not so well our forms; and, to supply this neglect, they had condescended upon a particular horning in their summons of declarator, which is as much as if it had been expressed in the gift. Yet the allegeance was sustained.
Page 103.
The electronic version of the text was provided by the Scottish Council of Law Reporting