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John Robson v Robert Burnet, Writer to the Signet. [1695] 4 Brn 245 (17 January 1695)
URL: http://www.bailii.org/scot/cases/ScotCS/1695/Brn040245-0554.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
John Robson v. Robert Burnet, Writer to the Signet
Date: 17 January 1695
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Philiphaugh reported John Robson against Robert Burnet, writer to the signet. This was a reduction of a disposition ex capite lecti. The answer was, You, the apparent heir, have ratified.
Replied,—I have raised a reduction of that ratification on fraud and circumvention.
When this was first called, the Lords allowed the writer and witnesses in the disposition to be examined upon the matter of fact; which was done; and Robert Burnet urged to have their depositions advised. But the other party craving a farther probation, on the various circumstances and qualifications of the fraud, and that the first probation was only ad specialem effectum, to see if he had malversed in his trust as a writer, and was before answer; the Lords allowed both a mutual probation, on the points alleged by them, before they would conclude the cause.
