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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Murray v Murray. [1636] 1 Brn 213 (9 February 1636) URL: http://www.bailii.org/scot/cases/ScotCS/1636/Brn010213-0488.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: Murray
v.
Murray
9 February 1636 Click here to view a pdf copy of this documet : PDF Copy
In an action pursued by one Murray against another Murray, the defender having alleged that he was served and retoured heir to such a person, It was replied, That he should not be heard to obtrude his service and retour; because he offered to prove, by the defender's own oath, that he was a bastard, and so not in kindred to the defunct, and consequently the service and retour was null. Duplied, Oppones his retour standing, which could not be taken away hoc ordine, but behoved to be reduced. The Lords sustained the reply to be proven by the defender's oath.
Page 30.
The electronic version of the text was provided by the Scottish Council of Law Reporting
