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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Vaus v Brown. [1627] 1 Brn 143 (20 March 1627)
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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: Vaus
v.
Brown
20 March 1627 Click here to view a pdf copy of this documet : PDF Copy
Vaus pursued Brown for spoliation of four horses. Answered, That he had lawfully poinded them upon a decreet obtained upon a registrate bond of 500 merks against the pursuer. Replied, That he offered him to prove that the whole 500 merks was paid before, whereupon he would show writ for 420; and offered to prove payment of the 80 merks resting, by witnesses. Which was not sustained but by writ or oath of party, in respect of the decreet preceding, and that it would infer a spulyie.
Page 88.
The electronic version of the text was provided by the Scottish Council of Law Reporting