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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Bontein v The Creditors of Buchanan. [1739] 1 Elchies 363 (27 November 1739) URL: http://www.bailii.org/scot/cases/ScotCS/1739/Elchies010363-005.html Cite as: [1739] 1 Elchies 363 |
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[1739] 1 Elchies 363
Subject_1 PROOF.
Bontein
v.
The Creditors of Buchanan
1739 ,Nov. 27 .
Case No.No. 5.
Click here to view a pdf copy of this documet : PDF Copy
The Lords agreed that this Court must execute the sentences of the criminal Court, so far as is proper or competent to our jurisdiction; but as the sentence of the criminal Court in this case mentioned nothing of damages, they thought the verdict was no probatio
probata of the breaking even of houses or of the theft, me quidem renitente. The President thought that it would be probatio probata against the party himself, but not against the creditors. But the other Lords did not seem to be of that opinion. However, they agreed that the interlocutor should be so expressed, that it is not probatio probata against the creditors, because that is the case before us; and having examined the particular testimonies, found they are not sufficient evidence of the fact.
The electronic version of the text was provided by the Scottish Council of Law Reporting
