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Scottish Court of Session Decisions >>
Cicil Ruthven v Hay of Balhousie. [1663] Mor 16164 (19 February 1663)
URL: http://www.bailii.org/scot/cases/ScotCS/1663/Mor3716164-004.html Cite as:
[1663] Mor 16164
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Cicil Ruthven having granted a bond to David Lamb, that thereupon he might apprize from her an annualrent, whereunto she was apparent heir, whereupon she having obtained a decree, and now seeking adjudication in Lamb's name, Lamb, produces under his hand a writ, declaring that his name was but used in trust, that he disclaimed the process.
The Lords, notwithstanding, sustained process, being so far proceeded, in respect of the declaration bearing the trust, and found he could not disclaim, in prejudice of the trust.
