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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.
Date: Shaw
v.
Shaw
8 July 1669 Click here to view a pdf copy of this documet : PDF Copy
In a reduction of a bond, made by William Shaw to his uncle, and assigned to Robert Shaw; whereupon he had led a comprising for the sum of £20,000: The production being satisfied, the pursuer offered to improve the bond; whereupon an act was extracted and witnesses cited: But, fearing that the witnesses would not prove that the bond was false and feigned, the pursuer craved to be reponed, that she might insist upon the reasons of reduction: Whereupon it was debated amongst the Lords, if, in law and form of process, she might be reponed,
seeing exceptio falsi est ultima; and the alleger of falsehood succumbing in the probation, can never thereafter be heard:—And on the other part, it was alleged, That she being a woman, and her procurators not having libelled an improbation, but a naked reduction, and only proponing the exception of falsehood against the production, it was hard to prejudge her of the benefit of reduction. The Lords, before answer, ordained them to be heard on the reasons of reduction.
Page 62.
The electronic version of the text was provided by the Scottish Council of Law Reporting