[1666] Mor 12091
Subject_1 PROCESS.
Subject_2 SECT. X. Proof taken to lie in retentis.
Date: Laird of Milton
v.
Lady Milton
4 January 1666
Case No.No 198.
Witnesses' testimonies taken in an action of divorce before the Commissaries, and of which a reduction was raised, not allowed to be published.
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The Laird of Milton pursuing a reduction of a decreet of divorce pronounced by the Commissaries of Edinburgh, at the instance of the Lady Milton, his stepmother, against Calderwood, her last husband, upon adultery, desired that the testimonies of the witnesses might be made private to him, being a matter of so great importance, as tending to take away the right of the Lady's jointure, disponed by her husband to this Milton.
The Lords refused the desire; but ordained the Clerk to give a note, expressing the names, designations, and the preambulatory questions in the depositions, as their age, married or not, purged of partial counsel, &c.
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