Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> - v Hamilton's Relict. [1630] 1 Brn 300 (14 January 1630)
URL: http://www.bailii.org/scot/cases/ScotCS/1630/Brn010300-0785.html
[New search] [Contents list] [Printable PDF version] [Help]
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: -
v.
Hamilton's Relict
14 January 1630 Click here to view a pdf copy of this documet : PDF Copy
Hamilton's relict is pursued before the commissaries as executrix, at the least intromittrix with her husband's goods and gear, by ———, for a certain sum of money owing by her husband to the pursuer, for grassing of certain goods; and the claim being referred to her oath, she is holden pro confessa, being absent in the cause. She both suspends and intents reduction of this decreet, as given against her, not compearing, unjustly, without other probation nor her oath, which she alleges she cannot be holden to give super facto alieno, and if she would depone, yet her deposition would not furnish to her exoneration
against any other creditor. The Lords ordained her to give her oath, or to stand to the first decreet, the pursuer finding caution to refund the sum, in case any other creditor pursue her ultra vires inventarie. Which is an usual decision in the like cases. Page 75.
The electronic version of the text was provided by the Scottish Council of Law Reporting