BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | ||
Scottish Court of Session Decisions |
||
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> David Betson v The Laird of Grange. [1628] 1 Brn 159 (14 November 1628) URL: http://www.bailii.org/scot/cases/ScotCS/1628/Brn010159-0361.html |
[New search] [Printable PDF version] [Help]
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.
Date: David Betson
v.
The Laird of Grange
14 November 1628 Click here to view a pdf copy of this documet : PDF Copy
In an action, pursued by David Betson of Cardon, against the Laird of Grange; the pursuer summoned Mr Lawrence M'Gil and Mr Lewis Stuart to be witnesses in the cause. They alleged, That they could not be forced; for that which they were to be examined upon was, if they had seen at any time a reversion of certain lands amongst Grange's writs, which they could not do, being his advocates, and therefore were not bound to reveal any thing they had seen of his secrets. Replied, Quivis potest cogi ad dicendum testimonium, quod est munus publicum. It is true, an advocate is not obliged to reveal any advice
given by him to his client; but, for the verity of that which is in facto, he could not eschew it. The Lords repelled the exception. Page 246.
The electronic version of the text was provided by the Scottish Council of Law Reporting