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Mrs Keith of Benholm v Her Husband's Heirs. [1635] Mor 6732 (24 March 1635)
URL: http://www.bailii.org/scot/cases/ScotCS/1635/Mor1606732-154.html Cite as:
[1635] Mor 6732
Certification refused where the Pursuer, his Predecessors, or Authors have acknowledged the Writs called for.
Mrs Keith of Benholm v. Her Husband's Heirs
Date: 24 March 1635 Case No. No 154.
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There was a bond granted by Mr Alexander Keith of Benholm to his wife, for infefting her in the lands of Brotherton and others, which bond was thereafter ratified by his heirs before his death; after which they sought to have the said ratification reduced, as if they had been circumvened in the giving of it, wherein having succumbed, they offered to improve the bond. Alleged, They could not be heard, because they had ratified the same. Answered, Notwithstanding, they might improve it, if it were false. The Lords found they could not improve it, in respect of their ratification, except they would improve the ratification first.
Fol. Dic. v. 1. p. 452. Spottiswood, (Improbation.) p. 170.
