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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Andrew Martin v Bailie Thomas Crawfurd. [1685] 2 Brn 69 (00 January 1685) URL: http://www.bailii.org/scot/cases/ScotCS/1685/Brn020069-0180.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
Andrew Martin
v.
Bailie Thomas Crawfurd
1685 .January .Click here to view a pdf copy of this documet : PDF Copy
A decreet being quarrelled in the person of a singular successor to the obtainer thereof, upon this ground, That it was surreptitiously extracted, without advising the probation, that was lame and defective;—it was answered, That the decreet is opponed, bearing, that the probation was advised; and the import of a probation by witnesses cannot be re-considered now after twenty years, wherein it was never quarrelled. The Lords refused to review the probation. Yet, in the cause between the Laird of Troup and Innes, advised in January last, a part of an interlocutor being questioned by a bill the next day, before extracting,—the Lords, for clearing the grounds they went on in determining that point, read over the depositions; but found no ground to alter.
Page 109, No. 406.
The electronic version of the text was provided by the Scottish Council of Law Reporting