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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> John Douglass v Cochran of Ochiltrie. [1715] 5 Brn 127 (30 July 1715) URL: http://www.bailii.org/scot/cases/ScotCS/1715/Brn050127-0132.html Cite as: [1715] 5 Brn 127 |
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[1715] 5 Brn 127
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ALEXANDER BRUCE, ADVOCATE.
Date: John Douglass
v.
Cochran of Ochiltrie
30 July 1715 Click here to view a pdf copy of this documet : PDF Copy
In this action, (wherein a decision is already marked, the 13th instant,) a new defence being this day proponed, viz. that the pursuer had not yet proven Ochiltrie's accepting a disposition, after contracting of the debt; the pursuer demanded that Ochiltrie should be obliged to deny or affirm the same, in the terms of the act of sederunt.
Answered for the defender,—That the act of sederunt must be so interpreted, that parties who are absent, (as Ochiltrie is,) must not instantly be concluded either in denial or acknowledgment; but the procurators must have a due time to acquaint their clients for a warrant, either to acknowledge or deny the fact.
The Lords nevertheless held the defender as confest, on the receiving a disposition after contracting the debt.
Act. Col. Mackenzie. Alt. Boswel. Gibson, Clerk. Vol. I. page 178.
The electronic version of the text was provided by the Scottish Council of Law Reporting