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Catharine Glendinning pursues the Laird of Earlston for wrongous intromission with sheep in anno 1604. It was alleged, That she had no right to the whole sheep libelled, but to the half, because she had a husband living the time of the alleged intromission, to whose executors the half of the goods will pertain. It was alleged by the pursuer, That she offered her to prove, that her husband was dead, and that she was a free woman and widow, and that the sheep were her own proper goods, and she being in libello, ought to be preferred; and the defender contended, That he ought to be preferred, in respect he offers him to prove the husband to be living, and being presumed to be in life; notwithstanding, the Lords preferred the pursuer.
