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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sir Thomas Stewart v Donald and James M'Laurence. [1665] 1 Brn 511 (21 June 1665)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN BAIRD OF NEWBYTH.
Date: Sir Thomas Stewart
v.
Donald and James M'Laurence
21 June 1665 Click here to view a pdf copy of this documet : PDF Copy
Sir Thomas Stewart, having obtained decreet against Donald and James M'Laurence, for payment of a debt, before the commissary of Dumblane; and the decreet being suspended, and reduction raised thereupon,—it was contended by Sir Thomas Stewart, that he needed not produce the bond, which was the ground of the decreet, but only the decreet itself; seeing the bond was produced before the commissary, and that the decreet bears it.
The Lords ordained Sir Thomas Stewart to produce the bond in secunda instantia, notwithstanding the commissary's decreet bears the same to have been produced in prima instantia.
Page 28.
The electronic version of the text was provided by the Scottish Council of Law Reporting