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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Russel v - . [1610] Mor 12396 (9 November 1610)
URL: http://www.bailii.org/scot/cases/ScotCS/1610/Mor2912396-199.html
Cite as: [1610] Mor 12396

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[1610] Mor 12396      
Subject_1 PROOF.
Subject_2 DIVISION I.

Allegeances how relevant to be proved.
Subject_3 SECT. X.

Nuncupative Legacy.

Russel
 v.
-

Date: 9 November 1610
Case No. No 199.

A nuncupative legacy of 200 merks found relevant to be proved by witnesses, omni exceptione majores.

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Two hundred merks being sought by an executor, as debt owing to the defunct, conform to the defender's obligation, the same was elided by an exception of compensation of the like sum left in legacy by the defunct to the defender; and the same found relevant to be proved by witnesses omni exceptione majores, to wit, two ministers of Santrohueston, and a bailie of the town, albeit there was neither testament nor codicil.

 Fol. Dic. v. 2. p. 228. Haddington, MS. No 1999.

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/1610/Mor2912396-199.html