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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Earl of Hume v Lady Hume and Others. [1637] 1 Brn 98 (18 January 1637) URL: http://www.bailii.org/scot/cases/ScotCS/1637/Brn010098-0186.html Cite as: [1637] 1 Brn 98 |
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[1637] 1 Brn 98
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.
Date: The Earl of Hume
v.
Lady Hume and Others
18 January 1637 Click here to view a pdf copy of this documet : PDF Copy
In a reduction of bonds particularly made by the umquhile Earl Hume to the lady his mother, and other defenders, as being done in lecto ægritudinis; in the which action there was a general clause for production of all and whatsoever other bonds made to them in that time, beside the particular bonds libelled, which were produced,—specially called for; and certification being sought against the said other bonds, upon the said general clause desiring the same to be reduced for not pioduction,—the Lords found, that they would not reduce for non-production upon this general clause, in respect such general clauses are not sustained in actions of reduction, albeit they be usually sustained in improbations; and the Lords declared that they would not break the ordinary forms here.
Act. Nicolson and Craig. Alt. Advocatus and Steuart. Gibson, Clerk. Vid, 12th December 1634, Ross.
Page 823.
The electronic version of the text was provided by the Scottish Council of Law Reporting
