Click here to view a pdf copy of this documet : PDF Copy
In a suspension betwixt Dirleton and L. Eastnisbit, the Lords found a decreet given by the Sheriff of Berwick null; for, in the because of the sentence, the same bears not that the summons was found relevant, and admitted to probation, and an term assigned to prove, which words they found it ought to have born, in special terms, and that it was not sufficient, albeit it bore, that the pursuer of that action proved, that the quantity acclaimed by him extended only to the special quantity decerned, within the which words, the defender alleged, was comprehended, that the summons behoved to be found relevant by the Judge hoc ipso; likewise, he offered to prove, by the act of litiscontestation, the same was found relevant, and admitted to probation, and divers terms of probation was deduced thereupon, which he offered to prove, by the acts of the process, and which was not sustained, seeing the because of the sentence bore not the same in express terms.
Act. Nicolson, younger.Alt. CraigGibson, Clerk.
Fol. Dic. v. 2. p. 203. Durie, p. 41.
