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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Heir-of-Line of Towie Barclay v Barclay of Auchredy, who had Right from the Heir-Male. [1669] 1 Brn 587 (17 June 1669)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.
Date: The Heir-of-Line of Towie Barclay
v.
Barclay of Auchredy, who had Right from the Heir-Male
17 June 1669 Click here to view a pdf copy of this documet : PDF Copy
In an improbation of the disposition of the barony of Towie, made to Auchredy from the next heir-male,—Auchredy himself being next to him in succession, the last term in the improbation being running,—a bill was given in for the heir-of-line, craving one of the two witnesses inserted in the disposition to be examined, that his deposition might lie in retentis.
It was alleged, That the desire could not be granted; because the witnesses were neither aged nor infirm, and that he could not depone till the disposition itself was produced, that he might see his own hand-write.
Notwithstanding whereof, the desire of the bill was granted; which was very hard, the whole terms for satisfying the production being so near run out; but the case was so odious.
Page 54.
The electronic version of the text was provided by the Scottish Council of Law Reporting