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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> David Murray v Sir James Hay of Smithfeild. [1649] 1 Brn 415 (13 July 1649) URL: http://www.bailii.org/scot/cases/ScotCS/1649/Brn010415-1111.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.
Date: David Murray
v.
Sir James Hay of Smithfeild
13 July 1649 Click here to view a pdf copy of this documet : PDF Copy
In the action at David Murray his instance against Sir James Hay of Smithfeild, upon a decreet-arbitral given at London,—it was excepted, That although the blank was subscribed by the parties, and by the judges after the filling up, yet the submission was never subscribed by the parties, but only accepted
by the judges. Whereto it was replied, That, seeing the thing controverted was in the submission condescended, the parties needed not to subscribe but the blank wherein the decreet was to be filled up; which being done, all stands good, as if one would subscribe a blank to another. Wherefore, the Lords sustained the said action. Page 57.
The electronic version of the text was provided by the Scottish Council of Law Reporting
