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Scottish Court of Session Decisions >>
The Chancellor v John Ballantine. [1687] 3 Brn 645 (29 July 1687)
URL: http://www.bailii.org/scot/cases/ScotCS/1687/Brn030645-0985.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 29 July 1687
The Chancellor v. John Ballantine
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The Chancellor pursues John Ballantine, keeper of the advocates' bar, for the maills and duties of some lands. He defends on a charter and seasine from the late Argyle. Alleged,—It was depositated, and Sir Colin Campbell of Arbruchel has, on oath, declared the terms, and that the Earl had recalled it. Answered,—It did not appear that Sir Colin was depositary, (which ought to have been first proven;) and his charter and seasine could not be taken away by a single testimony, but by his own oath or writ, he being in possession by virtue thereof.
Yet the Lords found the charter was only a depositated evident; and annulled the seasine.
