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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Lord Yester's Tenant v Lord Yester. [1629] 1 Brn 280 (12 February 1629)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: Lord Yester's Tenant
v.
Lord Yester
12 February 1629 Click here to view a pdf copy of this documet : PDF Copy
The Lord Yester having obtained decreet against one of his tenants, for payment of a greater duty nor the tenant was in use to pay for that roum before, upon a new condition made by the said tenant, to the said Lord, which being referred to the tenant's oath, he was holden pro confesso. This decreet is sought to be reduced at the said tenant's instance, and he reponed to give his oath; because, it was alleged, That the Lord Yester's procurators had stolen through this decreet against the tenant, having promised not to call the
said action till they made the tenant's procurators foreseen thereof; whereupon the advocate, being examined ex officio, the Lord Yester's procurator's man deponed, That once he made a promise; but the decreet was obtained more nor two years thereafter. The Lords would not repone the defender to his oath, but ordained the Lord Yester to give his oath upon the condition alleged by him. Page 57.
The electronic version of the text was provided by the Scottish Council of Law Reporting