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Mudie v Craigie of Gairsie. [1685] Mor 4419 (00 December 1685)
URL: http://www.bailii.org/scot/cases/ScotCS/1685/Mor1104419-009.html Cite as:
[1685] Mor 4419
Wronguous intromitter accounting. - Whether competent to question the mode of stricking the fiars.
Mudie v. Craigie of Gairsie
1685.
December. Case No. No 9.
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In the action at the instance of William Mudie of Milsetter against William Craigie of Gairsie, for his intromission with some victual rent in Orkney; and there being no fiars there, but only the fiars made by the stewart, which were far above the true prices, being penal, made only to force the King's tenants to pay their rents; the Lords ordained the current prices at which the victual in Orkney was in use to be sold yearly to be that rule, and appointed the same to be proven by such witnesses as were heritors and merchants who were in use to trade with victual in that country. Item, The Lords having advised the report of the commission, found the same null, and had no regard to the testimonies of the witnesses, because they did not bear these words adjected to every deposition, ‘As I shall answer to God,’ albeit the deposition did bear that the witnesses were deeply sworn.
Fol. Dic. v. 1. p. 311. Sir P. Home, MS. v. 2. No 742.
*** This case is reported by Fountainhall, voce Witness.
