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Scottish Court of Session Decisions >>
Lady Colvil v Matthew Fleming. [1693] 4 Brn 47 (12 January 1693)
URL: http://www.bailii.org/scot/cases/ScotCS/1693/Brn040047-0103.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Lady Colvil v. Matthew Fleming
Date: 12 January 1693
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The Lady Colvil against Mr. Matthew Fleming, for 500 merks, as the conventional price of the manuscript she lent him, being a list of all the mortifications dedicated by the Earls of Fife, to the Abbacy of Culross.
The Lords found this defence relevant, that Mr. Matthew produced it in process, and it was borrowed up by the deceased Lord Dirleton; and when it was sought back from him, he told it was burnt with his lodging, and so it perished casu fortuito. And ordained my Lord Newbyth, and the Clerk of that process, and others, to be examined thereupon.
