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Sutherland. v Torrie. [1605] Mor 14719 (5 June 1605)
URL: http://www.bailii.org/scot/cases/ScotCS/1605/Mor3314719-121.html Cite as:
[1605] Mor 14719
Subject_1 SOLIDUM ET PRO RATA. Subject_2 SECT. XX.
Quorum of Judges. - Arbiters. - Auditors. - Trustees.
Sutherland v. Torrie
Date: 5 June 1605 Case No. No. 121.
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In an action betwixt Sutherland and Torrie, the Lords found, that one decreet-arbitral being given by three arbiters proceeding upon a submission, whereby the matter was referred to four, to be null, because it behoved to be supposed to be submitted to them conjunctly, seeing it was not otherwise provided, and that the registration of the submission and decreet by compearance and consent of a procurator, could not stay the party to impugn the decreet-arbitral of nullity by way of exception.
