Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION. 1681 and 1683.
Thomas Ramsay and James Aitkenhead v. Helen Ramsay and Brown
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1681. December 23.—Mr Thomas Ramsay, minister at Mordington, offering a cautioner in the loosing an arrestment laid on by Helen Ramsay, bis sister, and James Aikenhead, apothecary, her husband, on a depending process; and the cautioner being refused by Sir William Bruce, clerk to the bills; and Mr Thomas offering cautionem juratoriam, that he could not find a better, the Lords absolutely refused to allow it in this case, though they admitted it in passing of suspensions. See Stair, 16th July 1661, College of St Andrew's.
Vol I. Page 167.
See the intermediate parts of the report of this case, Dictionary, page 4234.
1683. March 28.—In Helen Ramsay's case against Brown, (mentioned 20th Dec. 1682;) she offering to prove, by his oath, that he promised that his wife's tocher of 1000 merks should come back to her friends, if she had no children; and he having deponed negative, she, upon a bill, got an order to reexamine him, he always not altering the deposition to his own advantage. Which is a caveat may be used and adjected in such like cases of reexaminations.
