Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Date: Fotheringhame of Poury
v.
Mr William Stirling, Writer to the Signet.
16 February 1693 Click here to view a pdf copy of this documet : PDF Copy
The Lords found Poury could not quarrel Mr. William's rights on fraud and latency, on the act of Parl. 1621, as being brother-in-law; seeing his debts were contracted before Poury's debt, and that he was creditor to Francis Laury, the said Marion Watson's first husband; whereas Poury was only creditor to her, and Alexander Rait, her second husband; and any faculty she had to affect her husband's lands with 10,000 merks of debt was only from John Laury her son. And the Lords found the qualifications of trust or fraud; against Mr. William's infeftment were not sufficient to reduce his right, but only to restrict it, the same being proven by his oath or otherwise.
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