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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.
Forrester
v.
Moyes
1650 .January 23 and24 .Click here to view a pdf copy of this documet : PDF Copy
In the suspension, Forrester against Moyes, who had charged him for relief and warrandice of the delivery of sixteen score ells of cloth belonging to Forrester's son, who died in the sickness —the Lords sustained the reason, that he had not called him to the distress, by the confirmation of another son, brother to the defunct; specially where the father, as soon as he got wit, reduced that other confirmation, and produced the decreet for his relief, who now charges; and yet the suspender, being nominated executor for the use of the defunct's brethren and sisters, his own bairns, did misken that nomination, which made mention expressly of the cloth foresaid, and took a dative, omitting to confirm the same.
Page 177.
The electronic version of the text was provided by the Scottish Council of Law Reporting