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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Duke of Monmouth v Earl of Tweeddale. [1675] 1 Brn 551 (5 February 1675)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN NISBET OF DIRLETON.
Date: Duke of Monmouth
v.
Earl of Tweeddale
5 February 1675 Click here to view a pdf copy of this documet : PDF Copy
There being a transaction betwixt the Duke and Duchess of Monmouth, and the Earl of Tweeddale, whereupon a discharge was granted by the said Duke and Duchess to the said Earl, with consent of their curators; which was also superscribed by his Majesty, taking burden for the Duke and Duchess; with an obligement that they should ratify after majority: the said Duke and his Lady pursued a reduction of the said discharge, upon a reason of minority and lesion.
It was alleged, That all parties having interest were not called; viz. The officers of state for his Majesty's interest: seeing his Majesty was so much concerned, that, if any thing were evicted from the defender, his Majesty would be liable for the same.
The Lords repelled the defence; without prejudice to his Majesty's advocate to appear for his interest, if he thought fit.
Stathurd, Reporter. Gibson, Clerk. Page 117.
The electronic version of the text was provided by the Scottish Council of Law Reporting