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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Robert Scot, Younger of Saltsheills, v James Scot. [1637] 1 Brn 370 (28 March 1637)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: Robert Scot, Younger of Saltsheills,
v.
James Scot
28 March 1637 Click here to view a pdf copy of this documet : PDF Copy
James Scot, son of the second marriage to Robert Scot of Saltsheills, takes the gift of his father's escheat and liferent. Robert Scott, younger of Saltsheills, eldest son of the first marriage, pursues reduction of the horning whereupon the gift of escheat and liferent is taken. The reason of reduction is, Because, in the execution of the horning, he is charged at his dwelling-house, but there is no mention made that six knocks were given by the messenger: likeas, the principal horning being produced, bears these words,— “after that I had knocked six knocks;” but the same is eiked to the margin of the executions lately, as is alleged, and after the said horning was registrat; which extract bore not the said words. To the which it was answered, That the horning was sufficient; because it was offered to be proven by the witnesses inserted, That six knocks were truly given, and these words were written on the margin before the horning was presented to the register; which was likewise offered to be proven by the keeper of the register. Which allegeance the Lords found relevant.
2d MS. Page 96.
The electronic version of the text was provided by the Scottish Council of Law Reporting