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Scottish Court of Session Decisions >>
M' Queen of Corryburgh v M' Intosh. [1683] 3 Brn 457 (22 February 1683)
URL: http://www.bailii.org/scot/cases/ScotCS/1683/Brn030457-0685.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 22 February 1683
M' Queen of Corryburgh v. M' Intosh
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The Lords, on Kemnay's report, found the marriage was not sufficiently nor legally instructed by the testificates of the ministers, and extracts out of and extracts out of the kirk-session books, and register; but ordained them to lead witnesses on their marriage, or cohabitation, and being reputed so, and the time of it; seeing testibus non testimoniis est credendum.
The words were:—The Lords find the passive titles proven by the seasines and writs produced; but, as to the dates of the marriages, find the same not proven by the testificates produced, not being upon oath: but grant commission to take the depositions of witnesses concerning the time of the marriage of Isobel or Janet Macphersons, and how long they have dwelt with their husbands, and have been holden and thought to be married persons.
