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Scottish Court of Session Decisions >>
James Dickson v Andrew Duncan's Children. [1693] 4 Brn 109 (23 December 1693)
URL: http://www.bailii.org/scot/cases/ScotCS/1693/Brn040109-0252.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
James Dickson v. Andrew Duncan's Children
Date: 23 December 1693
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James Dickson, pursuing the children of Andrew Duncan, skipper in Borrowstowness, for a debt, they repeated a reduction, that he was furious when he made the transaction; and a mutual probation being led, the Lords laid most weight on the instrumentary witnesses in the bond; who deponed, That they thought him then rational and sober. And, though others declared that, for ten years, he was reputed mad, and used to run naked to the streets, and threaten to burn the house, yet the Lords found the contrary probation more pregnant, that it was done in a lucid interval; especially seeing it depended on an anterior cause; and there was a decreet of the Admiral's for it, though then suspended; seeing he got down, and paid him no more for his share than he had compounded for with Bonhard and others, partners.
