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[1672] 2 Brn 605      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Date: 3 January 1672

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A woman pursuing for a sum provided by bond to her husband and her, the longest liver of them two, his heirs, executors, and assignees; and it being alleged she could not uplift the sum, the fee terminating on her husband's heirs, my Lord Advocate found she might lift the sum, she confirming before sentence, because it was moveable.

In such cases the Lords will ordain the sums to be given up to her, she discharging with absolute warrandice, or finding caution for the right employment of the sum, or confirming.

Advocates' MS. No. 290, folio 122.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1672/Brn020605-1004.html