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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: Trumble
v.
Scott of Hartwoodmyres
21 March 1634 Click here to view a pdf copy of this documet : PDF Copy
A decreet-arbitral, pronounced by arbiters chosen betwixt Trumble and Scott of Hartwoodmyres, is sought to be reduced by Trumble, as given ultra vires compromissi; in so far as the Judges had ordained Trumble to cause his son consent to the alienation of certain lands, his son not being a submitter, neither the father, in the submission, having taken burden for him. To the which it was answered, That the judges did no wrong; in respect, after the submission, it was made known to the Judges, that the father had infeft the son privately in the lands, the price whereof he had submitted. The Lords found, That the Judges' decreet was lawful, and might be supplied by their declaration, in respect of the fraud used by the submitter.
Page 61.
The electronic version of the text was provided by the Scottish Council of Law Reporting