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Scottish Court of Session Decisions >>
The Owners of the Ship called the White-Horse, and the Margaret, v Captain Smeitoun. [1673] Mor 11896 (21 February 1673)
URL: http://www.bailii.org/scot/cases/ScotCS/1673/Mor2811896-021.html Cite as:
[1673] Mor 11896
The Owners of the Ship called the White-Horse, and the Margaret, v. Captain Smeitoun
Date: 21 February 1673 Case No. No 21.
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Two Danish ships being brought up by Captain Smeitoun, and declared prize by the Admiral, they raised reduction; and the debate was upon the pass not being conform to the Danish treaty, and upon other evidences, that it was a contrivance to palliate enemies goods.
The Lords found, That the passes not being conform to the Danish treaty, did put the burden of probation upon the strangers that the ship and loading belonged to the Danish subjects exprest in the documents produced, and that the approbation be by writ, or witnesses above exception, to be taken by the Lords commission; but found not the evidences sufficient to exclude the said probation.
