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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> William Dalgairns v - . [1776] 5 Brn 424 (26 July)
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Cite as: [1776] 5 Brn 424
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[1776] 5 Brn 424
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by Alexander Tait, Clerk Of Session, One Of The Reporters For The Faculty.
Subject_2 DECLINATOR.
William Dalgairns
v.
-
177 .July 26 .Click here to view a pdf copy of this documet : PDF Copy
William Dalgairns, tacksman of the Mills of Kiethick, belonging to the Lord Privy Seal, pursued several of the neighbouring tenants for abstracted multures. The process came, by suspension of a sentence of the Sheriff of Perth, before Lord Stonefield, who declined himself on account of his connexion with the Privy Seal, proprietor of the mill. The Privy Seal was no party called to the process. The Lords, 26th July 1776, repelled the declinator as not a legal one.
Being related to either of the parties, as an uncle, by affinity, is no declinator. Repelled in the case of Lord Coalston as uncle to Mrs Caddell. In the case of Lord Gardenstone, in the process Irvine of Drum against Earl of Aberdeen, June 1776: Irvine had married his niece. And in the case of Lord Covington, in the process Moray of Abercairney against M'Namara, 27th July 1776.
The electronic version of the text was provided by the Scottish Council of Law Reporting