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 £5, 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!
 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
Scottish Court of Session Decisions |
||
|
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Wood v M'Caul [1834] CA 13_9a (12 November 1834) URL: http://www.bailii.org/scot/cases/ScotCS/1834/013SS0009a.html Cite as: [1834] CA 13_9a |
||
[New search] [Help]
Page: 9↓
Subject_Proof.—
Circumstances in which the Court assoilzied from an action of reduction of a decree, on which a charge had been given for a sum of £7.
Sequel of the case reported ante, XII. p. 50 and 411. The question at issue arose in a reduction of a decree which Charles M'Caul and Others had obtained against Wood the pursuer, and it resolved into the matter of fact, whether a certain sum of £7, for rent, was or was not included in a bill for £32, 6s. 1d., which had been granted by Wood to the defenders.
The Lord Ordinary, proceeding in part on the assumption that a note in process was holograph of the pursuer, which stated the fact to be that the £7 was a distinct sum from the contents of the bill, assoilzied from the reduction. Under a reclaiming note, the defenders admitted that the document was not holograph of the pursuer, and the Court, “before answer, allowed the defenders a proof, that the rent in the decree sought to be reduced made no part of the alleged state prepared when the bill for £32, 6s. 1d. was granted, and to the pursuer a conjunct probation.” On advising which the Court adhered to the interlocutor of the Lord Ordinary.
Solicitors: D. Christie S.S.C— R. Kennedy, W.S.—.Agents.
