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Scottish Court of Session Decisions >>
Mrs Isobel Douglas of Kirkness, Supplicant. [1753] Mor 12020 (7 March 1753)
URL: http://www.bailii.org/scot/cases/ScotCS/1753/Mor2812020-086.html Cite as:
[1753] Mor 12020
Informations given into the Court of Session must be engrossed in the decree, if either party insist for it.
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In the process betwixt Mrs Isobel Douglas and William Douglas concerning the estate of Kirkness, decided No 38. p. 4350. Mrs Isobel Douglas gave in a petition to the Lords, setting forth, That William Douglas had appealed the cause to the House of Peers; and, as the cause had been more fully, and somewhat differently stated in the informations than in the minutes of debate before the Lord Ordinary, craved that the Lords would ordain the informations to be ingrossed in the decreet.
William Douglas appeared, and objected, That the informations were no part of the process, and therefore could not enter the record; and though sometimes of consent they had been engrossed in decreets, or, after a hearing in presence, have been inserted in place of Inner-house minutes; yet, in this case, they could not be taken into the decreet, as there had been no hearing; and he would not consent to the extracts being swelled by informations; which would occasion an additional and unnecessary expense.
Observed on the Bench; That it was reasonable that whatever had been before the Court, should be engrossed in the decreet; and not only the parties, but also the Court, had an interest that it should be so, in order, that the House of Peers might know on what the judgment of the Court of Session had proceeded.
“The Lords ordained the informations to be engrossed in the extracts of the decreet.”
For the Petitioner, And. Pringle & Bruce.Alt. A. Lockhart & R. Dundas.Clerk, Gibson.
Fac. Col. No 73. p. 112.
