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Scottish Court of Session Decisions >>
William Mel v Charters' Heirs. [1708] 4 Brn 697 (21 February 1708)
URL: http://www.bailii.org/scot/cases/ScotCS/1708/Brn040697-0190.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL. Subject_2 I sat in the Outer-House this week.
William Mel v. Charters' Heirs
Date: 21 February 1708
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William Mel of Roan, merchant, and French refugee, apprehending he got injustice done him, in his process against Bailie Charles Charters' heirs, by preferring the other creditors to him, he protested for remeid of law, and appealed to the British Parliament. And one Thomas Taylor, notary, whom he brought alongst with him, refusing to give him forth his instrument thereon, he complains to the Lords, craving they may order him so to do, under certification, that he shall be deprived if he disobey; which desire the Lords granted.
I think if his instrument had been required from the clerk of Session, in whose hands he likewise took it, in justice he could not have refused him an extract thereof, though we do not yet know what will be the import of these protests.
