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Scottish Court of Session Decisions >>
Blair v Stirling of Glorat. [1697] 4 Brn 350 (2 January 1697)
URL: http://www.bailii.org/scot/cases/ScotCS/1697/Brn040350-0739.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Blair v. Stirling of Glorat
Date: 2 January 1697
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The Lords advised the probation, in the pursuit betwixt Blair, late minister at Ruglen, and Stirling of Glorat, who was convened to pay a debt of his father's, on missive letters, promising to take course with it if he would forbear executing a caption he had taken out against him; and Glorat pretending he was minor when he wrote them, and had revoked them, being to his plain lesion,—the Lords allowed a conjunct probation, the one to prove minority, the other majority, at the time of the writing; which was advised this day. Both of them proved; but, after balancing the testimonies, they found the probation of the majority much more pregnant, being adminiculated by the kirk-session books; and which, though not authentic, yet were also confirmed by the depositions of witnesses astructing the same; and there were presumptions against Glorat's witnesses, asserting his minority, that it looked like a premeditated tale which had been taught them, and wanted not suspicion of prevarication: and the Lords modified large expenses against Glorat.
