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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Macneill v Buchanan. [1772] 5 Brn 457 (4 December 1772) URL: http://www.bailii.org/scot/cases/ScotCS/1772/Brn050457-0454.html Cite as: [1772] 5 Brn 457 |
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[1772] 5 Brn 457
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 FORM OF PROCESS.
Date: Macneill
v.
Buchanan
4 December 1772 Click here to view a pdf copy of this documet : PDF Copy
It was objected to a decreet of adjudication, that the special charge on which it proceeded was only narrated in the libel, but not mentioned in the production of the decreet; and, as the extract is the proper record, it must be held as in truth not to have been produced. But the Lords found that this
presumption might be overbalanced by stronger contrary presumptions; and that if, in fact, the special charge was produced, this was sufficient, though omitted to be so said in the extract of the decreet.
The electronic version of the text was provided by the Scottish Council of Law Reporting