Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Lady Boighall v. The Earl of Murray
Date: 27 June 1694
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Lady Boighall against the Earl of Murray, for payment of £400 sterling, of legacy left, in Lady Murray's testament, to Catharine Mansfield, the pursuer's mother, and which was in the Earl of Cleveland's hands; in which there had been first a decreet against his father in 1652, and an act of transferring against himself in 1606; and now the cause was again wakened.
Murray alleged,—No respect to the decreet, seeing it was unsubscribed; for it appeared, by ocular inspection, that William Downy, the clerk's name, was worn away by length of time and much using; but it was marked on the back by Hary Hope, then receiver, and it could be supplied by the registers, and a new extract taken. 2do. He objected against her title, That the testament was not produced, nor the decreet-arbitral.
The Lords would not allow him now to quarrel her active title, after an act of litiscontestation, wherein he had offered to prove, that Cleveland was in as good condition now as at the time when the assignation should have been granted; but reserved this to the Earl, by way of reduction, as accords.
