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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Drum v His Tenants of Concardie. [1628] 1 Brn 244 (26 January 1628)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: Drum
v.
His Tenants of Concardie
26 January 1628 Click here to view a pdf copy of this documet : PDF Copy
Tenants pursued for spuilyie suffer decreet to pass against them, as holden pro confesso;—they suspend, that the libel was exorbitant, and that it contained wheat and pease, where never any were sown in that ground, and desired to be reponed to their oath. The Lords, out of consideration of the exorbitant quantity and untrue quality of the corns, gave it to the pursuer's option, either to repone the defenders to give their oaths, or else to the pursuer to give his own oath de credulitate.
Page 205.
The electronic version of the text was provided by the Scottish Council of Law Reporting