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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Commissary of Dunkeld v Mr Patrick Murray. [1630] 1 Brn 66 (9 February 1630)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.
Date: The Commissary of Dunkeld
v.
Mr Patrick Murray
9 February 1630 Click here to view a pdf copy of this documet : PDF Copy
The commissary pursuing his creditor, and also the donatar to his escheat, to produce the horning, and to hear it reduced; it being questioned betwixt the pursuer and the donatar, (the creditor being absent in the process,) if the pursuer be holden to produce the horning himself to the defender; the donatar alleged he ought to do it, seeing the same was registered in a public register, and so could not be reduced for not production, albeit the defender should not produce the same. The Lords repelled the allegeance, and found that there was no necessity that the pursuer should produce the same; but found that if the donatar who compeared did not produce the same, that they would reduce it for not production.
Hay, Clerk. Page 490.
The electronic version of the text was provided by the Scottish Council of Law Reporting