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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> John Brown v George Herriot. [1675] 2 Brn 187 (22 July 1675)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JAMES DALRYMPLE OF STAIR.
Date: John Brown
v.
George Herriot
22 July 1675 Click here to view a pdf copy of this documet : PDF Copy
John Brown pursues a reduction of a decreet-arbitral betwixt him and George
Herriot, in which pursuit he had formerly alleged, That the arbiters had proceeded most unjustly, because they refused to show him the claim given in against him; and he, having produced grounds of a full compensation, they rejected the same, and ordained him to pay £1000. This was found relevant to be proven by the arbiter's oath. But now he alleges, That he, being in a reduction, the defender must produce the grounds and warrants of the decreet-arbitral, particularly the claim. The Lords found no necessity to produce the claims, which were not preserved nor noticed after decreet; as in the case of a Judge-ordinary having a record. Vol. II, Page 358.
The electronic version of the text was provided by the Scottish Council of Law Reporting