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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> John Blair v Hugh Blair of Borgue. [1747] 1 Elchies 221 (22 July 1747) URL: http://www.bailii.org/scot/cases/ScotCS/1747/Elchies010221-039.html |
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Subject_1 JURISDICTION.
John Blair
v.
Hugh Blair of Borgue
1747 ,July 22 .
Case No.No. 39.
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John Blair sued before the Commissaries of Edinburgh a declarator of nullity of the marriage of Hugh Blair his brother on the ground of idiotry and incapacity to consent. The Commissaries, after examining him in their presence, gave an act for proving. The defender's friends presented a bill of advocation, 1st, that this reason of nullity was a novelty; 2dly, That they were no judges to try idiotry, which could only be done by an inquest. We pretty unanimously refussd the bill, renit. multum Tinwald,
The electronic version of the text was provided by the Scottish Council of Law Reporting