Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Doctor Fraser v. Burnet of Leyes
Date: 10 February 1681
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The Lords, upon the Register's report, find that Leyes, the defender, is obliged to exhibit all discharges granted by the legatars which the defender has, or had since the citation, to the effect it may appear these sums were satisfied, or secured, conform to the destination of Doctor Reid's testament: And admit the libel of declarator to the pursuer's probation as to the bond of £ 200 sterling, that it is for the same cause that the prior bond of £300 sterling was granted; and, in order thereto, appoint the defender to depone if he has the bond of £300 sterling, or had the same since the citation, or has at any time fraudulently put it away. And, in case he deny the having, and the rest, grant commission to Mr Andrew Forrester at London, to take the oath of—————Bark-
hame, in whose hands the said bond is alleged to be, anent his having of the same; and he acknowledging it, that Mr Forrester take inspection of the bond, and return, with the report of the oath, a just copy under his hand of the bond, and 3D
of the receipt of £100 sterling, alleged by Sir Alexander Fraser to be upon the back of it.
