If you found BAILII useful today, could you please make a contribution?
Your donation will help us maintain and extend our databases of legal information. No contribution is too small. If every visitor this month donates, it will have a significant impact on BAILII's ability to continue providing free access to the law.

Thank you very much for your support!

Scottish Court of Session Decisions

You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Ross of Pitcalny v Ross of Balnagowan. [1740] 1 Elchies 159 (5 February 1740)
URL: http://www.bailii.org/scot/cases/ScotCS/1740/Elchies010159-009.html

[New search] [Printable PDF version] [Help]

[1740] 1 Elchies 159

Subject_1 FRAUD.

Ross of Pitcalny
v.
Ross of Balnagowan

1740, Feb. 5, 22.
Case No. No. 9.

Click here to view a pdf copy of this documet : PDF Copy

The Lords found the qualifications condescended on not sufficient, and therefore remitted to the Ordinary to hear further. I own I had a good deal of difficulty in the ease. I thought much would depend on the last Balnagowan's capacity or degree of his weakness, and as no challenge was brought for near 30 years after his death, I thought it dangerous to allow a vague proof at large of his weakness without condescending on some particular instances of his weakness, and therefore voted for the interlocutor.—28th February, The Lords adhered and refused a bill without answers.

The electronic version of the text was provided by the Scottish Council of Law Reporting