[1767] Mor 11679
Subject_1 PRESUMPTION.
Subject_2 DIVISION XVI. Other Presumptions.
Straitons
v.
Straiton
1767 . —.
Case No.No 341.
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Robert Straiton died, leaving a son, George, and three daughters. George went to Jamaica as a mariner in 1763. In 1767, the Lords, on application of one of the sisters, sequestrated the land estate left by the father; and the factor pursued the other sister and her husband, who were in possession of part of
the estate, for the rent of that part. In defence, it was stated, That George was dead; and, in proof of this fact, were produced two affidavits taken before the Lord Mayor of London, in which a mariner and passenger both swore to his death, and to the facts of his being killed by the fall of a water-cask; and that they saw him buried at Brighthelmstone. The Lords paid no regard to this evidence; and the fact was, that George soon after appeared in this country. See Appendix. See No 341. p. 11675.
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