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Doctor Adam Gordon v Stewart of Orchilbeg. [1694] 4 Brn 231 (27 December 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040231-0524.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Doctor Adam Gordon v. Stewart of Orchilbeg
Date: 27 December 1694
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The Lords had found, That, while the direct manner of improbation is extant, they cannot come to the indirect; and that, if the witnesses inserted in the writ do adhere, and astruct the same, they cannot enter on the cognition of the indirect articles.
A bill was given in against this, showing the witnesses may be suspect, (as here the party's father and brother,) or may be infamous, or loaded with just grounds of jealousy; and the indirect articles may be most convincing;—as was found, 12th February 1679, in Sir Robert Crichton, alias Murray, his improbation, against Murray of Brughton. The Lords resolved to hear this farther.
