Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.

James Andersone
v.
John Rob

Date: 29 December 1649

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In the reduction of John Rob his service and retour by James Andersone, it was alleged, That the said James was son to James, who was son to Margaret Rob, the sister of the defunct's father, who had no brethren; and so John Rob his retour, whereby he was served heir to the defunct, as brother's children, must fall and be reduced. The Lords, before answer, would have some documents and witnesses, hinc inde, to be produced; and even of the assysours, who are not only judges, but witnesses: also who may be challenged, even as false witnesses, et quod temere jurarint super assisa. But [this] is much neglected in this age; and the old law, well constituted by our predecessors, shamefully eluded by general services, serving affirmative, if none compear in the contrary, suppose they never knew the purchaser of the brieve his kindred; where it should be per fideles homines patriæ qui optime norunt.

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