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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Umphrey Cunningham v N. Mackcallot. [1565] 1 Brn 117 (6 July 1565)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.
Date: Umphrey Cunningham
v.
N Mackcallot.
6 July 1565 Click here to view a pdf copy of this documet : PDF Copy
In an action of spulyie, pursued by Umphrey Cunningham against N. Mackcallot, the pursuer, in termino ad probandum, produced four witnesses. Excepted, That they were at the spulyie libelled, and partakers of the same; so that they might relieve themselves by their depositions. Replied, That in spulyies and other crimes, all were alike guilty; and one being convict, that relieved not the rest. In respect of which reply, the Lords admitted the witnesses.
Page 89.
The electronic version of the text was provided by the Scottish Council of Law Reporting