Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.

Lady Borthwick
v.
The Laird of Gallasheills

Date: 18 March 1635

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The Lady Borthwick pursuing Gallasheills for reduction of a bond of 10,000 merks granted to him by the umquhile Lord Borthwick upon a reason of interdiction, and producing the extract of the interdiction registrat; the defender alleging, that the principal interdiction should be produced, because he offered to improve the same, therefore this extract ought not to be respected, as is provided by the 118th Act Par. 7. K. Ja. VI. which appoints this objection to be received by way of exception;—the Lords found no process ought to be granted upon this extract, while the principal were produced, in respect the defender proponed presently improbation, which the Lords found ought to be received by way of exception, to stay further process, in respect of the said Act of Parliament: but the Lords doubted, and decided not, if the principal had been produced, if the defender might be heard to propone any other exception in causa, or against the interdiction, except the said exception of falset; as they appeared to incline that he could not be heard to do.

Act. Nicolson. Alt. Stuart. Hay, Clerk.

Page 761.