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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> David Murman v Captain French. [1673] 2 Brn 168 (4 July 1673) URL: http://www.bailii.org/scot/cases/ScotCS/1673/Brn020168-0412.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JAMES DALRYMPLE OF STAIR.
Date: David Murman
v.
Captain French
4 July 1673 Click here to view a pdf copy of this documet : PDF Copy
David Murman having obtained decreet against Captain French for spuilyie, or wrongous intromission with forty sheep, he suspends on this reason, That, since the decreet, he had obtained the charger's discharge. The charger answered, That the discharge was elicited from the charger, who is an idiot, and understood not what he was doing, by touching the pen of the notary in subscribing the discharge. It was replied, That idiotry was not receivable till it was instructed by a service of idiotry, as law requires. It was duplied, That a service of idiotry is necessary for taking away all deeds done by the idiot; but, where a particular deed is only questioned, it may be taken away, either upon the reason that the party at the time was not mentis compos, or was circumvened, which are relevant reasons of reduction, without a service; and here the charger hath a reduction. The Lords having called for the charger, and finding him a very weak simple person, but not absolutely an idiot, they sustained his reduction upon the circumvention, without a service of idiotry.
Vol. II, Page 203.
The electronic version of the text was provided by the Scottish Council of Law Reporting
