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The Lords repelled the declinator against my Lord Harcarse, that Sir William Binny the pursuer was brother-in-law to my Lord, by marrying his Lady's sister, and was also uncle-in-law to my Lord's Lady, who was then deceased, but had left a child of the marriage behind her; that relation being only affinitas affinitatis, which the act of Parliament extends not to. And the like declinator in another case, against the said Lord Harcarse, that Hugh Wallace and he had married two sisters, was rejected, the Lady being dead. The first declinator was proponed by Sir Thomas Hope of Kerse, and the other by Lord Forrester; the like will hold as to being witness.
Fol. Dic. v. 1. p. 230. Harcarse, (Probation.) No 806. p. 226.
