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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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Subject_1 PROOF.
Subject_2 DIVISION I. Allegeances how relevant to be proved.
Subject_3 SECT. XIV. Delicts, how relevant to be proved.
Date: Borthwick
v.
Clerk
28 November 1628
Case No.No 256.
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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.
*** This case is No 3. p. 2427. voce Collusion.
The electronic version of the text was provided by the Scottish Council of Law Reporting