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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Isabel and Sarah M'Kies, v Petitioners. [1739] 5 Brn 208 (18 January 1739)
URL: http://www.bailii.org/scot/cases/ScotCS/1739/Brn050208-0196.html
Cite as: [1739] 5 Brn 208
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[1739] 5 Brn 208
Subject_1 DECISIONS of theLORDS OF COUNCIL AND SESSION, reported by LORD KILKERRAN, ADVOCATE.
Date: Isabel and Sarah M'Kies,
v.
Petitioners
18 January 1739 Click here to view a pdf copy of this documet : PDF Copy
“January 18, 1739, This bill, after the fact was explained by the Ordinary, the Lord Arniston, was refused. As to the particular facts, it is to no purpose here to note them.
“The only thing worth remarking is, that the Ordinary, and with him the Court, were of opinion, agreeable to what had been found in former cases, that where a disposition is challenged as granted, without an onerous cause, and that anterior bonds are produced for instructing thereof, there is no necessity also to instruct the onerous cause of such bonds ; though, had these bonds been the deeds quarrelled, the onerous cause of them behoved to have been instructed.”
The electronic version of the text was provided by the Scottish Council of Law Reporting