You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Mr George Skeen v The Laird of Skeen. [1708] Mor 9436 (6 July 1708)
URL: http://www.bailii.org/scot/cases/ScotCS/1708/Mor2309436-017.html
Click here to view a pdf copy of this documet : PDF Copy
Mr George Skeen of Robslaw, by a petition, represents, that a difference having emerged betwixt the Laird of Skeen and him about the succession to Sir George Skeen of Fintray; and they having submitted to arbiters, who accepted and agreed on the tenor of their decreet-arbitral, but one of them was dissuaded to sign by Skeen's influence; therefore craved horning against them to give out their decreet in what terms they pleased, without prescribing or imposing on their judgment any manner of way. Answered, Where arbiters had not clearness, the Lords could not compel them; and they were willing, seeing both parties did not acquiesce, to let the submission expire. Replied That submissions were ab initio before acceptance voluntatis, but after it necessitatis; and as the Lords used to give compulsitors against witnesses to compear before them for clearing points in controversy, so, to make submissions effectual ad sopiendas lites, they have been in use likewise to force them to emit their decreet-arbitral, but so as to leave them to God and a good conscience in their determination; and so they did lately, Jerviswood, No 15. p. 9435., in ordering Sir William Bruce, one of the arbiters, to give his opinion in what terms he pleased. The Lords inclined to grant it, but had no occasion, in regard the parties agreed among themselves.
