Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Katherine Carnegy and Thomas Allan, her Husband, v. The Earl of Southesk
Date: 16 November 1680
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In Sir David Carnegy of Pittarrow his double poinding against his sister Katherine and Thomas Allan her husband, on the One part, and the Earl of Southesk on the other; the Lords, nem. con. preferred the sister's right by bond to Southesk's precept which he had got from old Pittarrow upon Sir David
his son, ordering him to pay to the Earl (out of that money he owed him) what the Earl had advanced for his brother; and that because the precept wanted witnesses, and was not intimated before her bond; though they offered to prove it was holograph, by old Pittarrow's oath, and to prove it was intimated, by the oath of young Pittarrow. But the Lords would not admit of this manner of probation to her prejudice.
