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Scottish Court of Session Decisions >>
Mr Archibald Nisbet of Carphin v William Spence. [1695] 4 Brn 236 (4 January 1695)
URL: http://www.bailii.org/scot/cases/ScotCS/1695/Brn040236-0535.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Mr Archibald Nisbet of Carphin v. William Spence
Date: 4 January 1695
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Halcraig reported Mr Archibald Nisbet of Carphin, against William Spence, in Orkney. The Lords found, seeing there was a submission and decreet-arbitral between them, whereby Spence's sum of £1000 was restricted to 700 merks, and which was founded on by Mr Archibald, That he could not now crave compensation on articles due by Spence to him preceding that arbitration; unless he would prove, by Spence's oath, that they were not under consideration, nor allowed; because law presumes they were deduced then in the claim, and discounted. It moved also the Lords, in this case, that there was an act extracted in these terms, and which Mr Archibald was now reclaiming against.
