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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Thomas Rossie v Thomas Wishart. [1627] 1 Brn 144 (21 June 1627) URL: http://www.bailii.org/scot/cases/ScotCS/1627/Brn010144-0319.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.
Date: Thomas Rossie
v.
Thomas Wishart
21 June 1627 Click here to view a pdf copy of this documet : PDF Copy
In a general declarator, pursued by Thomas Rossie, of the escheat and liferent of Thomas Wishart, which he had gifted by the Earl of Angus, Lord of the regality of Kirriemuir; the Lords found that the summons behoved to be con
tinued, in respect he was necessitated to prove, both that my Lord Angus had a regality there, and that the defender dwelt within the same. It is otherwise when one pursues a general declarator upon the king's gift, who is founded in jure communi. Page 100.
The electronic version of the text was provided by the Scottish Council of Law Reporting