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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Provost of Forfar v William Cuthbert. [1682] Mor 12533 (27 January 1682)
URL: http://www.bailii.org/scot/cases/ScotCS/1682/Mor2912533-418.html
Cite as: [1682] Mor 12533

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[1682] Mor 12533      

Subject_1 PROOF.
Subject_2 DIVISION III.

Public Instrument, how far Probative.
Subject_3 SECT. IV.

Decrees, Acts of Court, &c.

Provost of Forfar
v.
William Cuthbert

Date: 27 January 1682
Case No. No 418.

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

A decreet being quarrelled because the probation was a judicial confession, as the decreet asserted, and was not subscribed by the party, and so but the assertion of the clerk of Forfar, consequently the decreet ought to be turned into a libel;

The Lords sustained the decreet on the said probation, the decreet not being for a debt, but having proceeded upon a complaint against the defender for abusing the Provost, adhered to and owned by the defender in face of the Court, as the decreet bore; but the Lords assoilzied from that part of the sentence taking away his burgess-ship, and decerned for the L. 40.

Fol. Dic. v. 2. p. 247. Harcarse, (Probation.) No. 782. p. 221.

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/1682/Mor2912533-418.html