BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Prestongrange v Sir John Sinclair of Longformacus. [1682] Mor 12018 (00 March 1682)
URL: http://www.bailii.org/scot/cases/ScotCS/1682/Mor2812018-081.html Cite as:
[1682] Mor 12018
Prestongrange v. Sir John Sinclair of Longformacus
1682.
March. Case No. No 81.
Click here to view a pdf copy of this documet : PDF Copy
Found, That a pursuer ought to prove his libel, though not expressly denied by the defender; and a decreet was turned into a libel, because the libel on which it proceeded was not proved, albeit the defender did not positively deny it in his defence, seeing his procurators did not expressly acknowledge it; and the ratio rationis was because the defence denying the libel is a thing of course, which clerks often forget to mark, or the defender's procurator forgets to make.
Fol. Dic. v. 2. p. 182. Harcarse, (Decreets.) No 400. p. 106.
