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Answers by John Thomson, Defender, to the Condescendence for William Somerville, Pursuer, denying the relevance or sufficiency of parole evidence regarding Mrs Somerville's health and estate management.

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Pursuer concedes facts regarding Mrs Somerville’s illness and estate, but seeks proof of service delay and defender’s misconduct in 1808 and 1812 proceedings.

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Pursuer seeks to admit parole testimony to prove fraud alleged by counsel at prior service, defended by objections under Scots law.

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Captain Rutherfoord challenges the accuracy of affidavits and service proceedings in 1808 and 1812, asserting full evidence was presented to the jury in 1812 and that opposition to Mrs Somerville’s service was authorized but not formally made in his name.

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Proof taken in action for declarator and damages involving Dr Somerville against Captain Rutherfoord and Mr Thomson, with Macers’ testimony and affidavits regarding service and heirship.

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Pursuer presents written evidence including witness depositions, letters, and financial records to support claim against John Thomson, who counters with his own proof and correspondence.

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Proof of heirship claim for Captain John Rutherford to estate of Knowsouth, supported by affidavits and correspondence from 1806–1812.

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Petition of Captain John Rutherford asking the Court to alter its recent interlocutor allowing a proof

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Petitioner seeks to recall an interlocutor permitting parole proof of disputed facts, arguing written evidence suffices and further proof would be futile and costly.

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Answers by Captain Rutherford's agents to the condescendence of William Somerville, arguing that articles IV-VII relate chiefly to Mr Thomson and that no appearance was made for the respondent in prior services.