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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Richard Maxwell v William Fairly, Patrick Forrester, and Others. [1630] 1 Brn 180 (11 June 1630)
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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: Richard Maxwell
v.
William Fairly, Patrick Forrester, and Others
11 June 1630 Click here to view a pdf copy of this documet : PDF Copy
In an exhibition of an assignation pursued by Richard Maxwell against William Fairly, Mr Patrick Forrester, and others;—the Lords sustained the libel, bearing only that the said assignation (which was made by Euphame King to her son James Fairly,) pertained to him the time of his decease, without adding of these words,—“That it was in his possession as his own evident.” Which words, being added upon the margin of the summons, the Lords found he might pass from, and hold them pro deletis.
Page 122.
The electronic version of the text was provided by the Scottish Council of Law Reporting