Scottish Court of Session Decisions
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> - v - . [1629] 1 Brn 64 (20 November 1629) URL: http://www.bailii.org/scot/cases/ScotCS/1629/Brn010064-0127.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.
Date: -
v.
-
20 November 1629 Click here to view a pdf copy of this documet : PDF Copy
The defender being pursued by the creditor to his father, wherein he was
called as executor, or intromittor with his father's goods; and for proving thereof, a decreet being produced, at the same pursuer's instance, against this same defender, for another debt of his father's, wherein he was convened iisdem nominibus: which, being referred to his oath in that process, and he holden as confessed for not compearance, the decreet of certification, upon contumacy in that process, was not found to prove in this process; but that he ought to prove otherwise, albeit it was given betwixt thir same parties. Gibson, Clerk. Vid. 22d March 1628, Farquhar against Campbell, and the cases there cited; 26th January 1631, L. Gadgirth against L. Afflect.
Page 468.
The electronic version of the text was provided by the Scottish Council of Law Reporting