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Scottish Court of Session Decisions >>
Grant of Kirdels v William Grant. [1683] Mor 12433 (00 February 1683)
URL: http://www.bailii.org/scot/cases/ScotCS/1683/Mor2912433-263.html Cite as:
[1683] Mor 12433
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In a declarator of expiration of the legal of an apprising, it was alleged for the defender, That the pursuer had intromitted with the mails and duties of the apprised lands, equivalent to the sums apprised for, while he had both an assignation to the apprising, and a wadset right in his person; and apprehending, that his intromissions would be ascribed to the apprising, and not to the wadset, he, after expiring of the apprising, gave back the old assignation, and took a new right posterior to the intromission; and this was offered to be proved by famous witnesses.
The Lords, in respect the allegeance was fraud, allowed the witnesses to be examined ex officio, albeit the pursuer contended it was only probable scripto vel juramento.
Fol. Dic. v. 2. p. 233. Harcarse, (Comprisings.) No 286. p. 67.
