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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Borthwick v Clerk. [1628] Mor 12426 (28 November 1628)
URL: http://www.bailii.org/scot/cases/ScotCS/1628/Mor2912426-256.html

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[1628] Mor 12426      

Subject_1 PROOF.
Subject_2 DIVISION I.

Allegeances how relevant to be proved.
Subject_3 SECT. XIV.

Delicts, how relevant to be proved.

Borthwick
v.
Clerk

Date: 28 November 1628
Case No. No 256.

Click here to view a pdf copy of this documet : PDF Copy

A party having denounced, in order to comprise, and the debtor suspending, and before the suspension was discussed, another creditor having comprised and been infeft; the Lords sustained the objection of collusion, relevant against the appriser infeft, that he had procured the suspension by his own labour and expenses; but this was sustained to be proved only by writ or oath of party.

Fol. Dic. v. 2. p. 233. Durie.

*** This case is No 3. p. 2427. voce Collusion.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1628/Mor2912426-256.html