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Scottish Court of Session Decisions >>
Irvine of Murtle v Forbes of Ballogie. [1694] 4 Brn 123 (18 January 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040123-0285.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Irvine of Murtle v. Forbes of Ballogie
Date: 18 January 1694
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Rankieler reported the debate anent the factory on the estate of Irvine of Drum, whether it should be given to Irvine of Murtle, the nearest heir of tailyie, or to Forbes of Ballogie, who was a disinterested person, and beyond exception responsal, and willing also to find caution.
The Lords thought the apparent heir, who had most interest, would be most careful in preserving the estate; and therefore, preferred Murtle: but, in respect of the suspicion that he would not count for his father's intromissions, &c. they appointed a curator ad lites, to insist in discussing the reduction and improbation, that was depending against Murtle, of his substitution of the tailyie, and of the £80,000 bond, and to carry on the count and reckoning against him; and that he should, out of the first end of the rent, furnish money for determining these processes, and bringing them to a period. And ordained him to find caution to pay the Laird's annuity of 6000 merks yearly; and not to suffer the adjudications on the estate to expire, but to redeem them within two years before the legal, that the Lady may not be cut off from a terce.
