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Mr James and Alexander Lundies v Alexander Trotter. [1694] 4 Brn 233 (28 December 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040233-0528.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Mr James and Alexander Lundies v. Alexander Trotter
Date: 28 December 1694
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The Lords opened the decreet of count and reckoning, upon this nullity, That the decreet bore that the term was circumduced against Lundy for not proving the whole sum of the wadset was paid to Trotter's creditors conform to his obligements; whereas it did not appear from the process that either there was a term assigned, or a circumduction; and so has been a mistake of the clerk's.—Which make some people compare our decreets to Penelope's web, —what she wrought in the day-time she unravelled it all at night. And it is hard to make people suffer for either the Lords' or clerks' mistakes.
