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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Ballandalloch v Dalvey. [1678] Mor 6700 (10 July 1678)
URL: http://www.bailii.org/scot/cases/ScotCS/1678/Mor1606700-124.html
Cite as: [1678] Mor 6700

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[1678] Mor 6700      

Subject_1 IMPROBATION.
Subject_2 SECT. V.

In what cases Extracts sustained to satisfy production. - When condescendence of the writs called for is sufficient. - Transumpts.

Ballandalloch
v.
Dalvey

Date: 10 July 1678
Case No. No 124.

Click here to view a pdf copy of this documet : PDF Copy

The Lords, on a bill, find this defence relevant to stop certification in an improbation of a bond, that the defender produced an extract out of the books of session, registrate when the principals were given back; and that the principal was thereafter seen and made use of at sundry trials, and produced in a process in the Sheriff-court of Elgin, which they found relevant to be proved by the procurators and members of court who had seen it and read it.

Fol. Dic. v. 1. p. 449. Fountainhall, MS.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1678/Mor1606700-124.html