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Scottish Court of Session Decisions >>
Lessils and Spotswood v Carmichael and Borthwick. [1684] 3 Brn 495 (5 February 1684)
URL: http://www.bailii.org/scot/cases/ScotCS/1684/Brn030495-0746.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 5 February 1684
Lessils and Spotswood v. Carmichael and Borthwick
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Lessils and Spotswood against Carmichael and Borthwick being reported by Edmonston; the Lords turned the decreet of the Bailies of Haddington into a libel, because it held a married woman as confessed upon her oath, as contumacious; seeing it was partes judicis to know that she was not obliged to depone; but allowed them yet to prove her possession, with this declaration, That, if it shall be made out against her, they will modify large expenses for her reclaiming against this decreet, now turned into a libel.
