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Scottish Court of Session Decisions >>
The Duke of Hamilton v William Laurie, Tutor of Blackwood. [1687] 3 Brn 644 (29 July 1687)
URL: http://www.bailii.org/scot/cases/ScotCS/1687/Brn030644-0984.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 29 July 1687
The Duke of Hamilton v. William Laurie, Tutor of Blackwood
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Duke Hamilton (who took up much of the people's time with his causes,) pursues William Laurie, tutor of Blackwood, for his teinds. He alleged, By a contract with the Marchioness of Hamilton, they were rentalled to 40 bolls, and he had obtained a valuation of a sub-committee thereon. Answered, —He bruiked not by that; but, conform to his bond in 1653 to the present Duchess, he had acknowledged that he bruiked by a disposition thereof from Duke William, which he had vitiated.
Replied,—Offered to prove, by the Duchess and Duke's oaths of calumny, that this bond was but in trust, to exclude the sequestrators. Duplied,—This was factum alienum to the Duke, and so he could not depone thereon (not being then married to her;) and he would not suffer his Lady to depone to his prejudice.
Triplied,—Her oath was craved, not to constitute a debt on her husband, but to liberate from one.
The Lords, on Tarbet's report, ordained them both jointly to give their oaths of calumny; at which the Duke, being dissatisfied, procured it to be heard in presence.
