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.

Margaret Nisbet
v.
John Crawford

Date: 10 March 1629

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

John Crawford being obliged to John Craig and Margaret Nisbet, his spouse, and the longest liver of them two, in the sum of 5000 merks, Margaret registrates this bond after her husband's decease, and charges John Crawford. He suspended, Alleging, That it behoved to be pursued by way of action, it falling under her husband's testament, and so appertaining to his executors. Answered, That she was executrix, and the sum was confirmed in testament, whereby she had right to it that way also; and the suspender was not prejudged, seeing her discharge would liberate him at all hands. The Lords sustained the charge, although it should have been sought by way of action.

Page 120.