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Scottish Court of Session Decisions >>
James Ogilvie v Gilbert Gourlie. [1682] 3 Brn 425 (22 February 1682)
URL: http://www.bailii.org/scot/cases/ScotCS/1682/Brn030425-0621.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 22 February 1682
James Ogilvie v. Gilbert Gourlie
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The case, James Ogilvie, apothecary in Edinburgh, against Gilbert Gourlie being reported by Newton, the Lords, before answer, ordain Gilbert Gourlie to produce the notary to the instrument of possession used by him on his assignation, that he might be examined on the verity of the said instrument: as also ordain James Ogilvie to adduce the witnesses in the testament, and any other habile witnesses, to be examined what the carriage of the defunct was the time of her subscribing the testament, and what she declared at that time in relation to her granting a disposition to Gilbert Gourlie, or at any time after granting the said disposition; and assign the 10th day of March next to both parties' procurators to the effect, aforesaid; and in the mean time grant warrant to the bailies of Edinburgh to inventory and sequestrate the goods.
The reafter, on a bill presented by the said Gilbert, the Lords, on the 7th March 1682, granted this deliverance:—Having considered the petition, allow the supplicant, the 20th instant, to produce the notary, (in respect it was said he dwelt at Dumfries; though Gilbert pled that he should not be burdened to produce him at all, unless they offered to improve, and consigned;) and grant warrant to the Magistrates of Edinburgh to cause roup the goods within the house by a neutral person to be appointed by them, at the sight of both parties; and for that effect that the diets of the roup be intimated to the parties, a competent time before; and appoint the magistrates to retain the money that shall be gotten for the goods at the rouping, to be made furthcoming to the party who shall be found to have the best right.
