Scottish Court of Session Decisions

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

Quintene Kennedie
v.
James Browne

Date: 15 January 1650

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Quintene Kennedie alleging to have been solicitated to come from Aberdeen over the water to Edinburgh, by James Browne, the time of the sickness, for making William Porter's testament; and having made the same, and moved the testator not only to make him his executor, failyieing his own daughter, but also, in case she survived, to leave him 10,000 merks of legacy: after sundry meetings with the said James, and refusals to deliver the testament, except he would give him the tenth part of his legacy procured by his moyen, at the least more than ten pieces, which he had offered to him; he, having delivered the testament, and gotten fifteen dollars in part of payment, as he alleges,—pursues the said James for the ten pieces, upon his promise before the commissaries, and refers to his oath; who depones with a quality, as is alleged; and is assoilyied. The said Quintene intents reduction, before the Lords of Session, within the year; as use is, and ought to be, of commissaries' decreets. Yet the Lords assoilyied the said James, and ordained £40 of expenses against the pursuer, being a member of the house. And the Earl of Cassells, being an extraordinary Lord of the Session for the time, would have had him refunding the fifteen dollars that he got, with fifteen farther.

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