Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> #name [1600] 1 Brn 110 (00 January 1600)
URL: http://www.bailii.org/scot/cases/ScotCS/1600/Brn010110-0201.html
[New search] [Printable PDF version] [Help]
[0000] 1 Brn 110
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.
Click here to view a pdf copy of this documet : PDF Copy
One being pursued for spulyie of certain goods and gear alleged to have been in the pursuer's possession, as his own proper goods, when they were taken away;—Excepted, No spulyie: because the same goods were lawfully apprised from C. (they being then in his possession,) at the defender's instance, to whom C. was addebted; for, by our practique, albeit this exception be contrary to the libel, quoad possessionem, (et de consuctudine non admittitur probatio directa contra libellum;) yet, because faith is given to the officiar, et præsumptio est pro eo, exceptio admittitur probationi.
Page 89.
The electronic version of the text was provided by the Scottish Council of Law Reporting