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Scottish Court of Session Decisions >>
Fairies v Johnston. [1625] Mor 16986 (26 January 1625)
URL: http://www.bailii.org/scot/cases/ScotCS/1625/Mor3816986-237.html Cite as:
[1625] Mor 16986
Peculiarities in the Execution of Mutual Contracts and Decrees Arbitral.
Fairies v. Johnston
Date: 26 January 1625 Case No. No. 237.
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In an action betwixt Fairies and Johnston, a decreet arbitral being quarrelled by the party, who was charged for obtempering of the same, upon this reason, because the submission, which was the warrant of the decreet, was subscribed by two notaries for the parties, and there were only three witneses inserted therein, whereas the act of Parliament requires four, and so the same was null, and consequently the decreet; which reason was not respected, but the decreet, and submission, notwithstanding thereof, was found sufficient, and sustained, because the decreet was filled in upon the blank, upon the back of the submission, which blank was subscribed by the same two notaries, for the same parties, before five witnesses, and which blank was subscribed, at the same time, when the submission was subscribed, and so was reputed as unicus actus, and consequently not to come under the act of Parliament, for want of that perfection requisite, of four witnesses.
Act. Belshes.Alt. Burnet, junior.Clerk, Gibson.
Durie, p. 159.
