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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Lord Maxwell v Tenants of Duncow. [1672] 1 Brn 547 (16 February 1672)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN NISBET OF DIRLETON.
Date: Lord Maxwell
v.
Tenants of Duncow
16 February 1672 Click here to view a pdf copy of this documet : PDF Copy
Found, That the defence upon the Acts ——— against those who, during the dependence of process, invade or wound the adverse party; (who, by the said Acts, tyne the cause, and forfault their interest in question;) being in effect penance, and founded upon deliquency, may be proven even before the Lords prout de jure, as to order and ratihabition: which was alleged could not be proven by witnesses to import the loss of heritage.
Page 64.
The electronic version of the text was provided by the Scottish Council of Law Reporting