BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £5, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Katherine Carnegy and Thomas Allan, her Husband, v The Earl of Southesk. [1680] 3 Brn 374 (16 November 1680)
URL: http://www.bailii.org/scot/cases/ScotCS/1680/Brn030374-0507.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Katherine Carnegy and Thomas Allan, her Husband, v. The Earl of Southesk
Date: 16 November 1680
Click here to view a pdf copy of this documet : PDF Copy
In Sir David Carnegy of Pittarrow his double poinding against his sister Katherine and Thomas Allan her husband, on the One part, and the Earl of Southesk on the other; the Lords, nem. con. preferred the sister's right by bond to Southesk's precept which he had got from old Pittarrow upon Sir David
his son, ordering him to pay to the Earl (out of that money he owed him) what the Earl had advanced for his brother; and that because the precept wanted witnesses, and was not intimated before her bond; though they offered to prove it was holograph, by old Pittarrow's oath, and to prove it was intimated, by the oath of young Pittarrow. But the Lords would not admit of this manner of probation to her prejudice.
