Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER LORD FOUNTAINHALL.
Bessie Oswald v. Sir Henry Bruce of Clackmannan
Date: 6 November 1663
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I procured, from Mr. William Lauder, Clerk, a Civil Register of Decreets, beginning the 1st of November, 1663, and ending the 22d, inclusive, of January, 1664; so that, in some measure, it comprehends what Decreets were done by the Lords, and extracted, the space of three months of a Winter Session, in that Chamber.
Sir Henry Bruce of Clackmannan, with his brother, James Lord Rollo, designed in the bond Laird of Duncrub, and George Auchinleck of Balmanno, by their bond, of the date 1640, grant them to have borrowed 9000 merks from Mr. Andrew Oswald, Adv. which they bind and oblige them thankfully to repay. In anno 1656, Mr. Andrew marries his daughter, Bessie Oswald, to Jo. Rollo of Woodsyde; and, in name of tocher, assigns her husband to this bond. The said Jo. coming to die; in anno 1661, makes his latter will; wherein he nominates his wife his sole executrix and intromissatrix with all his goods and gear. In his testament this bond is given up amongst his other debts. In 1662, she confirms the testament before the Commissary of Stirling; and then, as executrix nominated and confirmed, she pursues upon the said bond; and declares that, hac instantia, or pro loco et tempore, she passes from all the remanent defenders, except only Clackmannan himself: against whom she craves decreet may be given secundum allegata et probata, because she produces instantly, in presence of the Lords, the extract of the said bond out of the register; item, her contract of marriage, wherein is the assignation to the said bond; item, her husband's testament testamentar, duly confirmed. All which rights, reasons, and allegeances, being seen and considered by the Lords, [were] found relevant, and so admitted to her probation. Which she clearly verifying, by production of the forementioned writs; the defender also not compearing to allege any reasonable cause in the contrary; the Lords decerned him to make payment to the said Bessie, as having good right to the same, by being executrix confirmed to her husband, who was assignee thereto.
Act. Norvell. No compearance for the defenders; and so a decreet in absence. Hay.
Signet MS. No. 1. folio 1.
