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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Lorimer v Lumisdean. [1683] 2 Brn 50 (00 December 1683)
URL: http://www.bailii.org/scot/cases/ScotCS/1683/Brn020050-0138.html
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
Lorimer
v.
Lumisdean
1683 .December .Click here to view a pdf copy of this documet : PDF Copy
An act being quarrelled as null: for that, 1. The libel was not proven; 2. A defence of compensation was proponed, which had received no answer;—Answered, The defender not having denied the libel, it was understood as acknowledged; 2. Where the Lords give answer to one defence, it is presumed the rest are repelled. Again, the defender did so far homologate the said Act, that he compeared before the commissioner appointed by the Lords, in pursuance, to examine witnesses, and gave in interrogatories; and the cause is advised now four years ago since the Act, without any reclaiming till of late. The Lords would not reduce or ratify the Act, in respect of the circumstances and state of the cause; but they delayed extracting till February, that the defender might pursue for that debt upon which the compensation was founded.
Page 256, No. 909.
The electronic version of the text was provided by the Scottish Council of Law Reporting