Scottish Court of Session Decisions

Subject_1 PROOF.
Subject_2 DIVISION I.

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

What Proof relevant to take away Writ.

Davidson
v.
Town of Edinburgh

Date: 22 January 1684
Case No. No 100.

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A decreet-Arbitral having been pronounced, upon a submission betwixt some children of a defunct, on the one side, and a single person on the other, decerning a considerable sum to be paid to the children; when the money came to be paid, they refused to discharge the whole claim competent to the defunct, but only their own proportions, there having been another brother, now deceased, to whom they had made up no titles. The Lords found it relevant to be proved by the oaths of the arbiters and communers, That the whole claim due to the defunct was meant to be submitted, and that the sum decerned for was in satisfaction of the whole.

Fol. Dic. v. 2. p. 220. Fountainhall.

*** This case is No 16. p. 7142. voce Interdiction.