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Scottish Court of Session Decisions >>
Sir Patrick Hume v Robert Colt. [1685] 3 Brn 538 (20 February 1685)
URL: http://www.bailii.org/scot/cases/ScotCS/1685/Brn030538-0814.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 20 February 1685
Sir Patrick Hume v. Robert Colt
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The case between Sir Patrick Hume and Mr Robert Colt, advocates, about the means of one William Hepburn, sutor in the Canongate, was heard. Hepburn having been examined on deathbed, on a petition given in by Sir Patrick Hume to the bailies of Edinburgh, if the money he had lent to the incorporation of the Cordiners there, was the money of Captain Stewart, to whom Sir Patrick was confirmed executor; he confessed, the Captain, a little before his death, had laid £100 sterling in beside him, but that he afterwards called for it, and divided it amongst his soldiers. As also the deacons and masters of the said trade, being examined, (which the Lords found irregular, to examine a man's debtors, to whom the money belonged;) some of them declared, he called it Captain Stewart's money: which he might do, under this pretext, to seek better caution for it.
This cause being advocated, and the oath of Hepburn alleged to contain an extrinsic quality, and that he ought to prove his restoring the money to Captain Stewart; the Lords, on Castlehill's report, found the quality intrinsic, and therefore assoilyied. See Dury, 1st July 1624, Kinloch.
