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Glenebervie v Udney. [1575] Mor 12123 (20 January 1575)
URL: http://www.bailii.org/scot/cases/ScotCS/1575/Mor2812123-232.html Cite as:
[1575] Mor 12123
Judicial Steps, how far under the Power of Parties, to be retracted, altered, or amended.
Glenebervie v. Udney
Date: 20 January 1575 Case No. No 232.
Found as above.
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Anent the action pursued by the Laird of Glenbervie against the Laird of Udney, for the double of Udney's marriage, by reason, that he married by Glenbervie's daughter, who was offered by her father as party agreeable, as he alleged, the Laird of Glenbervie took in hand to prove, by the notary and witnesses contained in the instrument of offering and intimation, that the gift of marriage was sufficiently intimated to him, and read, at least offered to be read, although that such words per expressum were not contained in the said instrument of intimation; which being admitted to Glenbervie's probation, he summoned the notary, the witnesses, and the party, to give oath de calumnia, and at the day of compearance, he would have referred the same to his oath of verity, so that he would give juramentum veritatis in that cause. Udney refused, because the pursuer had taken in hand to prove his allegeance by the notary and witnesses contained in the instrument foresaid, and produced them to this effect to farther proving thereof; which allegeance of the Laird of Udney was found relevant by the Lords, and he ought not to give juramentum veritatis, in respect produced, as said is.
