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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Fairholm v The Heirs of Wishart. [1624] 1 Brn 131 (19 February 1624)
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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: Fairholm
v.
The Heirs of Wishart
19 February 1624 Click here to view a pdf copy of this documet : PDF Copy
A criminal action is prejudicial to a civil, and therefore must be first tried before the justice:—as was found in an action pursued by one Fairholm, as assignee constituted, by Janet Leyes, to 10,000 merks, against the heirs of Captain Wishart, by whom there was an exception proponed;—that the bond was given propter turpem causam, they having cohabited divers years together, being both married to other folks.
Page 4.
The electronic version of the text was provided by the Scottish Council of Law Reporting