Scottish Court of Session Decisions

Subject_1 PROOF.
Subject_2 DIVISION V.

Proved, or not proved.
Subject_3 SECT. IX.

Property of Moveables. - Bargain of Moveables.

Mathieson
v.
Gib

Date: 14 July 1665
Case No. No 619.

Witnesses admitted to prove a bargain of victual after 12 years.

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James Mathieson having obtained a decreet before the Commissaries of Edinburgh against Gib, he suspends, and alleges it was not a cause consistorial, being a bargain of victual, and that it was not probable any other ways but by his oath, now after 12 or 13 years, in respect of the act of Parliament anent house mails and others, which comprehends this case.

The Lords repelled the allegeance, and found that bargain of victual not comprehended under that act of Parliament.

Stair, v. 1. p. 297.