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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> My Lord Balmerino, Supplicant. [1669] Mor 7425 (7 January 1669)
URL: http://www.bailii.org/scot/cases/ScotCS/1669/Mor1807425-141.html
Cite as: [1669] Mor 7425

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[1669] Mor 7425      

Subject_1 JURISDICTION.
Subject_2 DIVISION IV.

Jurisdiction of the Court of Session.
Subject_3 SECT. VII.

Nobile officium.

My Lord Balmerino, Supplicant

Date: 7 January 1669
Case No. No 141.

The Lords, without calling or hearing parties, granted commission to certain noblemen and gentlemen, or any one of them, to inventory, seal, and secure, the evidents of a party deceased, and to open doors, coffers, and cabinets for that effect.


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My Lord gave in a bill to the Lords, representing that his uncle was dead, and that he is nearest heir-male to him, in whose favours his estate is provided; and therefore desired that commission might be granted to certain persons in the country to inventory, seal, and secure his charter-chest, and to make patent doors in his houses, coffers, and cabins, for that effect; and to take my Lady, his relict's oath, where the evidents were, to the effect foresaid. Compearance being made for my Lady, desiring a sight of the bill till the next day, and alleging that it was notour to the Lords, that my Lady had a disposition to the whole estate; whereupon resignation had past in Exchequer, and that the evidents ought to be left open, to the effect my Lady may instruct her charter, conform to the disposition,

The Lords refused to give up the bill, it being their ordinary course to grant such commissions without calling or hearing parties, and that a short delay might prevent the effect of the commission; and therefore granted commission to certain noblemen and gentlemen, or any one of them, to inventory, seal, and secure the evidents, and to open doors, coffers, and cabinets for that effect; but refused to give warrant to take my Lady's oath.

Stair, v. 1. p. 578.

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/1669/Mor1807425-141.html