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Scottish Court of Session Decisions >>
Countess of Argyle v Sheriff of Murray. [1583] Mor 12300 (00 May 1583)
URL: http://www.bailii.org/scot/cases/ScotCS/1583/Mor2912300-053.html Cite as:
[1583] Mor 12300
Whatever can take away a decree, can be no otherwise proved than by writ or oath of party.
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The Lady Countess of Argyle having obtained decree against the Sheriff of Murray to flit and remove from certain lands, pursued the said Sheriff for the violent profits, who answered, That he could not be decerned in any violent profits, because my Lady was content, and agreed, with the consent of my Lord Argyle, her husband, that notwithstanding the said decreet obtained by my Lady, the Sheriff should sit still is the room, in hope of an exeambion of other lands which my Lady was to make with the said Sheriff, This being found relevant and admitted, it was alleged by my Lady's advocate, That the same could in no manner of way be proved but per scripta aut juramentum partis. It was alleged upon the other part, That that thing which would take away a decreet, whether it was for one year or more years, could not be proved but by writ aut juramentum partis; which was so found by the Lords, and the matter referred simpliciter to the oath of my Lady.
