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Cunninghamhead v Lindsay. [1684] Mor 17021 (17 December 1684)
URL: http://www.bailii.org/scot/cases/ScotCS/1684/Mor3817021-301.html Cite as:
[1684] Mor 17021
Writs defective in Solemnities, Whether capable of Support, so as to furnish Action?
Cunninghamhead v. Lindsay
Date: 17 December 1684 Case No. No. 301.
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The improbation pursued by Cunninghamhead against Mr. Charles Lindsay, Minister at Covington, is advised; and the Lords found the fitted compt and reckoning only not probative, and null; though there were pregnant documents ex comparatione literarum, and other indirect articles and adminicles against it; but found the discharge probative, though there was as much to say against it, as against the fitted accompt.—But the Lords took this middle way, as a trysting method in a dubious case; as they had done before in 1674, between Sir William Fleming and Commissary Nimmo. In dubiis eligenda est via media. And this judicium rusticorum exactly divided the sums in question into two halves, so that Mr. Charles Lindsay gained about 5000 merks, and lost as much of his claim.
