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Scottish Court of Session Decisions >>
William Fergus v Agnes Ramsay. [1756] Mor 7610 (10 February 1756)
URL: http://www.bailii.org/scot/cases/ScotCS/1756/Mor1807610-328.html Cite as:
[1756] Mor 7610
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Agnes Ramsay brought a process against William Fergus, before the Justices of Peace of Stirlingshire, for the sum of L. 50 Sterling, part of which she alleged was due to her as a legacy left her by her deceased husband, whom the defender represented, and the remainder was due by an open account, which she offered to instruct by the defender's oath.
William Fergus declined the Justices of Peace as incompetent, and offered no other defence.
The Justices decerned for the sums libelled, and for L. 4 Sterling of expenses.
William Fergus offered a bill of suspension of this decreet, and prayed that the decreet might be suspended without caution or consignation; for that it was void and null, being pronounced by an incompetent court.
The Lord Ordinary reported the bill; and the Lords were of opinion that the decreet was void and null; and therefore,
“The Lords passed the bill without caution or consignation.”
For Fergus, Bruce.Reporter, Kames.
Fol. Dic. v. 3. p. 358. Fac. Col. No 186. p. 277.
